Item N7 N.7
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
April 17, 2019
Agenda Item Number: N.7
Agenda Item Summary #5443
BULK ITEM: Yes DEPARTMENT: County Administrator
TIME APPROXIMATE: STAFF CONTACT: Lisa Tennyson (305) 292-4444
N/A
AGENDA ITEM WORDING: Approval of Sub-recipient Agreement with The Nature
Conservancy to implement the Coral Reef Restoration Project with $578,308 allocated from Monroe
County's RESTORE Act Local Pot funding with Grant No. 1 RDCGR1700068-01-00.
ITEM BACKGROUND:
This sub-recipient agreement between Monroe County and The Nature Conservancy follows the
formal acceptance of the grant award from the US Treasury by the BOCC in January 2018.
Monroe County is the recipient of the award, The Nature Conservancy if the sub-recipient of the
award. As such, it is required that Monroe County execute a sub-recipient agreement with The
Nature Conservancy. The sub-recipient agreement pursuant to 2 CFR 200 requirements and Treasury
rules for RESTORE Act grants. This sub-recipient agreement has been reviewed by the Treasury.
The Nature Conservancy will provide the match indicated in the award ($40,000 cash match and a
$200,000 in-kind match.) There is no match provided from Monroe County.
The Coral Restoration Project is one of the three projects recommended by the Monroe County's
RESTORE Act Local Advisory Committee for the Local Pot funding and subsequently approved by
the Monroe County Board of County Commissioners, which are included in the County's RESTORE
Act Multi-Year Implementation Plan.
The Board allocated $1.1849m in the County's local pot for the following projects in the following
amounts:
• Coral Restoration, $578,308;
• Canal Restoration—Monroe County, $478,308; and
• Canal Restoration—Islamorada, $128,308.
We expect to receive the final grant award notices for the two Canal Restoration projects from the
Treasury shortly.
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The US Department of Treasury is the granting agent for RESTORE Act grants and will oversee all
agreements and sub-recipient agreements. All grant activities are subject to federal grant regulations
in 2 CFR 200.
The $1.849M allocated to these projects are the result of the one-time settlement amount by
Transocean.
An additional $6.5M in additional funds to Monroe's Local Pot will be paid by BP per a 15 year
payout schedule (about $440,000 per year through 2031.) All of these funds will be applied to Canal
Restoration per the Board's direction in Resolution 276-2016.
PREVIOUS RELEVANT BOCC ACTION:
• January 23, 2019, BOCC approval/acceptance of grant award 1RDCGR1700067-01-00 for
$578,308 for the implementation of a Coral Reef Restoration project.
• April 2016 Treasury Approval of Monroe County Multi-Year Implementation Plan.
• September 16, 2015, BOCC approved Resolution 252-2015 adopting the Monroe County
Multi-Year Implementation Plan, a requirement for determining projects to be funded with
RESTORE Act Local Pot funds.
• February 18, 2015, BOCC approved three projects for inclusion in the MYIP for funding
from the RESTORE Act Local Pot("Direct Component").
• December 11/12, 2015, Local Advisory Committee evaluated and ranked projects for
funding from the RESTORE Act Direct Component("Local Pot").
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Monroe County Subrecipient Agreement with TNC FINAL for agenda.docx
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract: $578,308
Total Cost to County: $0
Current Year Portion:
Budgeted: Yes
Source of Funds: RESTORE Act Local Pot
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
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Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Christine Limbert Completed 04/02/2019 11:39 AM
Bob Shillinger Completed 04/02/2019 12:06 PM
Budget and Finance Completed 04/02/2019 1:35 PM
Maria Slavik Completed 04/02/2019 2:49 PM
Kathy Peters Completed 04/02/2019 3:13 PM
Board of County Commissioners Pending 04/17/2019 9:00 AM
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SUBAWARD AGREEMENT BETWEEN THE NATURE CONSERVANCY AND MONROE
COUNTY,FLORIDA PERTAINING TO THE DIRECT COMPONENT PORTION OF
THE RESTORE ACT TRUST FUND MONIES ALLOCATED
TO MONROE COUNTY WITH GRANT NUMBER I RDCGR1700068-01-00
THIS SUBAWARD AGREEMENT (hereinafter "Agreement") is entered into by and between MONROE
COUNTY, a political subdivision of the State of Florida, with an address of 1100 Simonton Street, Key West 31
Florida 33040,by and through its Board of County Commissioners,(hereinafter the"COUNTY"),and The Nature
Conservancy, a not-for-profit entity of the State of Florida, with an address of 4245 N. Fairfax Dr. Suite 100, it
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Arlington VA 22203-1637,(hereinafter the"SUBRECIPIENT"),and having a DUNS number of 072656630,for r_
the receipt of a subaward of funds made available through a federal award to the COUNTY.
WITNESSETH: Z
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WHEREAS,the COUNTY,recognizing that substantial funds of money could be made available to the COUNTY
through the Resources and Ecosystem Sustainability, Tourist Opportunities, and Revived Economies of the Gulf
Coast States Act of 2012 under CFDA#21.015(hereinafter"the RESTORE Act")which established the Gulf Coast
Restoration Trust Fund,developed and submitted a Multiyear Implementation Plan to the United States Department
of Treasury(hereinafter"TREASURY")pursuant to all applicable rules and requirements; and
WHEREAS, said Multiyear implementation Plan consisted of three initial projects, one of which is the _
SUBRECIPIENT's project,"Coral Reef Restoration for Environmental and Economic Enhancement of the Florida U
Keys"; and
WHEREAS, the Multiyear Implementation Plan was accepted by the TREASURY in April 2016, which
authorized the COUNTY to apply for financial assistance from the Gulf Coast Restoration Trust Fund to be used
to fund activities and projects consistent with the Multiyear Implementation Plan;and
WHEREAS,the COUNTY has been awarded a RESTORE Act allocation of five hundred seventy eight thousand
three hundred eight dollars and fifty cents ($578,308.50), under Federal Award Identification Number
1 RDCGR170068, awarded to the COUNTY on 10/30/2018,by the United States Department of Treasury;and .2
WHEREAS, the SUBRECIPIENT has requested funds from the COUNTY for the Coral Reef Restoration for
Environmental and Economic Enhancement of the Florida Keys to grow coral in undersea and land-based nurseries
located throughout the Florida Keys which will then be outplanted on reefs between Key Largo and Key West
where they will kick-start reproduction and reef recovery for the future; and is
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WHEREAS, the COUNTY, acting as a pass-through entity, and the SUBRECIPIENT desire to enter into a
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Subrecipient Agreement in accordance with 2 C.F.R.Part 200,to allow the SUBRECIPIENT to utilize an allocated
sum of the COUNTY'S portion of Gulf Coast Restoration Trust Fund to carry out the project activities for the
Coral Reef Restoration for Environmental and Economic Enhancement of the Florida Keys project in compliance
with the Multiyear Implementation Plan;and
WHEREAS, Exhibits A, B, C, D, E, F, G and H which are attached and further explain this Subrecipient
Agreement are incorporated by reference and made part of this Agreement.
NOW,THEREFORE, in consideration of the mutual covenants,promises,and representations contained herein,
the parties hereto agree as follows:
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ARTICLE I
RECITALS
The WHEREAS clauses set forth above are incorporated herein by reference and made part of this Agreement.
ARTICLE II
PURPOSE AND INTENT
The COUNTY has received a Federal Award through the Gulf Coast Restoration Trust Fund (CFDA# 21.015, 0
titled: Resources and Ecosystems SustainabiIity,Tourist Opportunities,and Revived Economies of the Gulf Coast
States, in the amount of five hundred seventy eight thousand three hundred eight dollars and fifty cents
($578,308.50)as of October 30,2018 to carry out the projects meeting the requirements of 31 C.F.R. Part 34.
The purpose and intent of this Agreement is to allocate a portion of RESTORE Act funds awarded to the X
COUNTY to the SUBRECIPIENT for reimbursement of qualified expenditures for the Coral Reef Restoration o
for Environmental and Economic Enhancement of the Florida Keys project more specifically described in Exhibits
A, B,and C.
The SUBRECIPIENT will provide non-federal share matching funds, in the amount of forty thousand dollars
($40,000) cash which will cover the additional salary and benefits needed for the SUBRECIPIENT project
manager's time. The Subrecipient will apply an indirect cost rate in accordance with its most recent Negotiated
Indirect Cost Rate Agreement. In addition, subawardees will commit two hundred thousand dollars($200,000)in U
in-kind match.
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The terms and conditions of the Federal Award(Exhibit H)apply to this Agreement, in accordance with 2 Code
of Federal Regulations(CFR)200.101(b)1. E
ARTICLE III
STATEMENT OF WORK
1. Project. The Coral Reef Restoration for Environmental and Economic Enhancement of the Florida Keys
project more particularly described in Exhibit A is the purpose of this Agreement. The project will grow
coral in undersea and land-based nurseries located throughout the Florida Keys which will then be
outplanted on reefs between Key Largo and Key West where they will kick-start reproduction and reef
recovery for the future,with the primary purpose to restore degraded reefs in the Florida Keys.
2. Budget. The COUNTY and the SUBRECIPIENT agree that the budget submitted for the Project as shown
as part of SUBRECIPIENT's application for the Allocated Sum, five hundred seventy eight thousand three o
hundred eight dollars and fifty cents ($578,308.50), attached hereto and incorporated herein as Exhibit B,
herein referred to as "Project Budget," shall be the basis for the Allocated Sum. E
3. Schedule. The timeframe to provide Project services, herein referred to as "Project Schedule," begins on
November 1,2018 and ends on October 31,2021,as indicated in Exhibit C. The Project Schedule shall be
strictly followed by the SUBRECIPIENT in performing and completing the Project.
4. Qualified expenditures, eligible expenditures, and eligible expenses shall mean those expenditures or
expenses reasonably necessary to complete the Project.
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5. Indirect Cost Rate for Monroe County. 2 CFR 200.331(a)(I)(xiii) requires that subawards identify the
indirect cost rate for the federal award. The COUNTY'S indirect cost rate is 0%.
6. Indirect Cost Rate for SUBRECIPIENT, The Nature Conservancy. 2 CRF 200.331(a)(4) requires that
subawards identify the SUBRECIPIENT'S federally recognized indirect rate within the subaward
agreement. The SUBRECIPIENT'S current indirect cost rate is currently 24.55%. This rate may change
year to year,pursuant to the SUBRECIPIENT'S most current NICRA. The basis for this rate is outlined in 31
the SUBRECIPIENT'S current NICRA, attached as Exhibit D.
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ARTICLE IV
PERFORMANCE AND SUBCONTRACTS
1. Performance Monitoring. The COUNTY shall monitor the performance of the SUBRECIPIENT against
goals and performance standards as required herein. Substandard performance, as reasonably determined X
by the COUNTY, will constitute noncompliance of this Agreement. If such substandard performance is 0
not corrected by the SUBRECIPIENT within a period of forty-five(45) days after being notified by the
COUNTY, in accordance with Article XVI contract suspension or termination procedures may be initiated a
and enforced in accordance with regulations set forth in 2 C.F.R. Part 200.
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2. SUBRECIPIENT's subcontractors. The SUBRECIPIENT shall be responsible for all work performed and
all expenses incurred in connection with this Agreement. The SUBRECIPIENT may subcontract, as
necessary, to perform as required by this Agreement. The COUNTY shall not be liable to any U
subcontractor(s) for any expenses or liabilities incurred under the SUBRECIPIENT's subcontract(s), and
the SUBRECIPIENT shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred
under its subcontract(s). The SUBRECIPIENT shall take the necessary steps to ensure that each of its
subcontractor(s) will be deemed independent contractor(s) and will not be considered or permitted to be E
agents,servants,joint ventures or partners of the COUNTY.
3. Procurement Standards. All procurement transactions shall be conducted in a manner to provide full and
open competition to the maximum extent practical. SUBRECIPIENT must follow the Federal Procurement
Standards set forth in 2 CFR 200.318 — 200.326. Bid packages and advertisements shall be subject to
COUNTY review and comment before being published. Documentation concerning the selection process
for all contracts or subcontracts shall be forwarded to the COUNTY for review and comment prior to award. (n
Within 10 working days from receiving documentation from the SUBRECIPIENT, the COUNTY shall
submit all comments to the SUBRECIPIENT for consideration. o
4. Laws. All contracts or subcontracts made b the SUBRECIPIENT to ca
rry arry out the Project herein shall be
made in accordance with all applicable Federal, State, and local laws, rules, and regulations stipulated in o
this Agreement and in strict accordance with all terms, covenants, and conditions in this Agreement. Any
worker's services contracted hereunder shall be specified by written contract or agreement and shall be E
subject to each Article set forth in this Agreement.
5. Subcontract Monitoring. The SUBRECIPIENT shall monitor all subcontracted services on a regular basis
to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and
supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Such
summaries and documents shall be submitted to the COUNTY with each required periodic report.
6. Compliance with Appendix II to Part 200- Contract Provisions for Non-Federal Entity Contracts Under
Federal Awards(Exhibit G,attached hereto and incorporated herein.)
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ARTICLE V
CONTRACT LIABILITY
The COUNTY shall not be liable to any person, firm, or corporation who contracts with, or provides goods or
services to, the SUBRECIPIENT in connection with this Agreement, or for debts or claims accruing to such
parties against the SUBRECIPIENT;there is no contractual relationship either expressed or implied between the
COUNTY and any other person,firm, or corporation supplying any work, labor,services, goods,or materials to
the SUBRECIPIENT as a result of its services to the COUNTY hereunder.
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ARTICLE VI
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REIMBURSEMENT
The SUBRECIPIENT is allocated a total sum of five hundred seventy eight thousand three hundred eight dollars
and fifty cents ($578,308.50) (hereinafter the "Allocated Sum") by the COUNTY from its RESTORE Act
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allocation, to be made available to the SUBRECIPIENT for reimbursement of eligible expenditures, in
consideration for performance of the project as described in Exhibit A attached hereto and incorporated herein.
The total amount of Federal funding(RESTORE Act allocation)obligated by this Agreement and made available
to the SUBRECIPIENT shall not exceed five hundred seventy eight thousand three hundred eight dollars and
fifty cents($578,308.50).
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ARTICLE VH
PAYMENT
Payment by the COUNTY of the Allocated Sum to the SUBRECIPIENT as reimbursement or the
SUBRECIPIENT's vendor for performance of the Project shall be as follows:
1. The SUBRECIPIENT shall submit to the COUNTY any and all documents verifying the request for E
payment, herein "Verifying Documents." Verifying Documents shall be submitted to the COUNTY within
thirty(30)days from the day the SUBRECIPIENT received service or performance or supplies from a vendor
and in no event later than forty-five(45)days from when the SUBRECIPIENT receives the bill/invoice from
the vendor.Each request for payment to the County should be a percent of the costs addressed in the verifying
documents. Final request for payment shall be submitted no later than thirty(30) days from Project
completion. Verifying Documents may include, but are not limited to:
a. Records of staff time, documented time sheets, with original signatures of the staff person and a
documented official,all applicable cancelled checks(a bank statement will be required if the cancelled
checks are not legible), receipts for material and labor,and any invoices chargeable to the Project.
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b. An original invoice and written approval by the SUBRECIPIENT for each eligible expense to be paid
directly to the vendor, or a written request for reimbursement that includes a copy of applicable
invoices for each eligible expense.
c. Invoices from the vendor, including details of the amounts being invoiced, and copies of cancelled
checks, front and back, which have been processed for payment for items that apply to the
reimbursement of the SUBRECIPIENT's funds.
2. Within ten(10)working days of receipt of Verifying Documents,the COUNTY shall, in its sole discretion,
determine if the Verifying Documents,or any portion of them,are acceptable and in strict compliance with
the purpose, national objective, and laws stated herein and approve them for payment. If, at the sole
discretion of the COUNTY, it is determined there are any errors in the Verifying Documents,the COUNTY
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shall notify the SUBRECIPIENT within ten(10)working days of receipt of the Verifying Documents. The
SUBRECIPIENT shall submit corrected Verifying Documents within ten(10) working days of receipt of
notice. Payment shall not be made for any Verifying Documents that contain errors.
3. Upon determination by the COUNTY that Verifying Documents are approved, the COUNTY will initiate
the payment process in accordance with Section 2I8.73-74, Florida Statutes, considered due upon receipt
by the Clerk& ComptroIler's Office, and paid upon approval by the COUNTY. The COUNTY reserves 31
the right to delay any payment request for Verifying Documents containing errors, until such errors are
corrected to the satisfaction of the COUNTY.
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4. 1n no event shall the COUNTY be obligated to reimburse for any Verifying Documents older than sixty(60)
days from the date of receipt by the SUBRECIPIENT from a vendor.
5. Payments may be contingent upon certification of the SUBRECIPIENT's financial management system in Z
accordance with the standards specified in 2 CFR,200; 2 CFR,215; or 2 CFR, 225, as applicable.
6. If applicable, program income must be disbursed before the SUBRECIPIENT requests funds from the 'a
COUNTY. The COUNTY will close out the Award when it determines that all applicable administrative
actions and all required work for this Award have been completed. Within 45 days after the end of the
period of performance,the SUBRECIPIENT must submit any outstanding reports, as well as any required
reporting on subawards.The SUBRECIPIENT must liquidate all obligations incurred under this Award no
later than 45 calendar days after the end of the period of performance,unless the SUBRECIPIENT requests
and with the approval from the COUNTY and TREASURY, an extension. Within 30 days after receipt of Z
the reports in paragraph (a)of this section, the COUNTY will make upward or downward adjustments to
the allowable costs,and then make prompt payments to the allowable,unreimbursed costs.The closeout of
this award does not affect any of the following:
a. The right of the COUNTY or TREASURY to disallow costs and recover funds on the basis of a later
audit or other review;
b. The obligation of the SUBRECIPIENT to return any funds due as a result of later refunds,corrections,
or other transactions including final indirect cost rate adjustments; or
c. The SUBRECIPIENT's obligations regarding audits, property management and disposition (if
applicable), and records retention.
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ARTICLE VM 0
UNIFORM ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT shall comply with 2 CFR 200.330 and 200.331, and agrees to adhere to accounting
principles and procedures required therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred. The SUBRECIPIENT shall administer the Project in conformance with
2 CFR, as appropriate, to ensure substantial adherence to the applicable accounting principles and procedures
required therein, utilization of adequate internal controls, and the maintenance of necessary source
documentation for all costs incurred.
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ARTICLE IX
PROGRAM INCOME
The SUBRECIPIENT shall report monthly all program income, as defined in 2 CFR, 200.80, generated by
activities carried out with the AIlocated Sum made available under this Agreement. The use of program income
by the SUBRECIPIENT shall comply with the requirements set forth in the RESTOREAct Financial Assistance
Standard Ternis and Conditions and Program-Specific Terms and Conditions, U.S. Department of the 31
TREASURY, dated August 2017. By way of further limitations, the SUBRECIPIENT may use such income
during the contract period for activities permitted under this Agreement and shall reduce requests for additional
funds by the amount of any such program balances on hand. All unused program income with interest shall be
returned to the COUNTY at the end of the contract period.
ARTICLE X Z
MAINTENANCE AND REAL PROPERTY PROTECTIONS
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The SUBRECIPIENT shall not mortgage or otherwise encumber title to the property of the Project by utilizing
it as collateral for any type of lien, note, mortgage, debt obligation, or security agreement without prior written
approval by the COUNTY. The SUBRECIPIENT shall not subject the title to such property to any liens or
grants; the making of any Federal loan; the entering into of any cooperative agreement; or to the extension,
continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement
without prior written approval from the COUNTY.
ARTICLE XI
COUNTY RECOGNITION
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The SUBRECIPIENT shall ensure recognition of the role of the COUNTY and the RESTORE Act in providing
funding for the Project. All facilities constructed pursuant to this Agreement shall be permanently labeled as to
the funding source. Any announcements,information,press releases,publications,brochures,videos,web pages,
programs, etc., created to promote the Project shall acknowledge the COUNTY and the RESTORE Act as
providing funding for the Project.
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ARTICLE XII
TERM
The term of this Agreement shall be in effect from November 1, 2018, to October 31, 2021, upon the effective 0
date as required herein, until such time as the monitoring period has expired.
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ARTICLE XIII
AUDITS AND MONITORING
In the event that the SUBRECIPIENT expends Seven Hundred Fifty Thousand and 00/100 Dollars($750,000.00)
or more in Federal awards in its fiscal year, the SUBRECIPIENT must have a single or program-specific audit
conducted in accordance with the provisions of 2 CFR 200, as revised. Article II indicates Federal resources
awarded through the COUNTY by this Agreement. In determining the Federal awards expended in its fiscal
year, the SUBRECIPIENT shall consider all sources of Federal awards, including Federal resources received
from the COUNTY. The determination of amounts of Federal awards expended should be in accordance with
the guidelines established by 2 CFR 200,as revised. An audit of the SUBRECIPIENT conducted by the Auditor
General in accordance with the provision of 2 CFR 200, as revised,will meet the requirements of this part.
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a. In connection with the audit requirements addressed in Subsection l above,the SUBRECIPIENT shall
fulfill the requirements relative to audit responsibilities as provided in 2 CFR 200,as revised.
b. If the SUBRECIPIENT expends less than Seven Hundred Fifty Thousand and 00/100 Dollars
($750,000.00)in Federal awards in its fiscal year,an audit conducted in accordance with the provisions
of 2 CFR 200, as revised, is not required. In the event that the SUBRECIPIENT expends less than
Seven Hundred Fifty Thousand and 00/100 Dollars ($750,000.00) in Federal awards in its fiscal year 31
and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, as revised, the
cost of the audit must be paid from non-Federal resources.
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c. In addition to reviews of audits conducted in accordance with 2 CFR 200, as revised, monitoring
procedures may include, but not be limited to, on-site visits by the COUNTY; Iimited-scope audits as
defined by 2 CFR 200, as revised; submittal and review of financial management statements; and/or
other procedures. By entering into this Agreement, the SUBRECIPIENT agrees to comply and
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cooperate with any reasonable monitoring procedures/processes deemed appropriate by the COUNTY.
In the event the COUNTY determines that a limited-scope audit of the SUBRECIPIENT is appropriate, q
the SUBRECIPIENT agrees to comply with any additional instructions provided by the COUNTY to
the SUBRECIPIENT regarding such audit. The SUBRECIPIENT further agrees to comply and
cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief
Financial Officer or Auditor General.
ARTICLE XIV
REPORTING REQUIItEMENTS
The SUBRECIPIENT shall submit to the COUNTY quarterly activity reports as indicated in Exhibit F,attached
hereto and incorporated herein. Reports are due by the 151 of the month following the end of each quarter and a
must include information on levels of accomplishment, objectives met for each activity funded,and subcontract
monitoring reports as applicable. Within 15 days of completing each project action item in Exhibit B (Project
Schedule), the SUBRECIPIENT shall provide via email project photographs, explanations of the photographs,
and a summary of progress for each action item,suitable for posting to a project-related web page.
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ARTICLE XV
RECORD RETENTION
1. Maintenance of Records
a. The SUBRECIPIENT shall maintain all records required by Federal regulations specified in 2 CFR, as
appropriate, that are pertinent to the Project herein funded by the Allocated Sum. Such records shall o
include, but are not limited to:
i. Application requesting project funding.
ii. Executed Subrecipient Agreement approving the Project, including any amendments to this
Agreement.
iii. Records providing a full description of each activity undertaken.
iv. Records demonstrating that the activity meets the national objective herein.
v. Records determining eligibility of work performed for the Allocated Sum.
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vi. Records documenting the acquisition,improvement,use,or disposition of real property acquired
or improved with the Allocated Sum, if applicable.
vii. Financial records as required by 2 CFR 200.330 and 200.331, and all Financial Management
standards as specified in Exhibit B.
viii. Copy of periodic reports submitted as required herein.
b. Retention of Records. Subject to 2 CFR 200.333 retention requirement for records, the
SUBRECIPIENT shall retain all records pertinent to expenditures incurred under this Agreement for
a period of five(5)years after the termination of all activities funded under this Agreement, after the
resolution of all Federal audit findings,or until the note and mortgage associated with this Agreement
are satisfied,whichever occurs later.
c. Access to Records. The COUNTY and the Comptroller General of the United States, or any of their
authorized representatives,shall have the right of access to any pertinent books,documents,papers,or X
other records of the SUBRECIPIENT which are pertinent to the subaward, in order to make audits, 0
examinations,excerpts,and transcripts. The right of access shall last as long as any record is required
to be retained. Access shall be made available during normal business hours and as often as the a
COUNTY or any authorized representative of the Federal government deems necessary.
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d. All original records and documents pertinent to this Agreement shall be retained by the
SUBRECIPIENT during the terms of this Agreement. All records, including supporting
documentation, shall be sufficient to determine compliance with the requirements of this Agreement U
and all other applicable laws and regulations. The SUBRECIPIENT, its employees or agents, shall
provide access during the contract period to all related records and documents for accounts placed with
the SUBRECIPIENT by the COUNTY,at reasonable times to the COUNTY, its employees or agents.
"Reasonable" shall be construed according to the circumstances, but ordinarily shall mean during
normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents"
shall include, but not be limited to, auditors retained by the COUNTY. The SUBRECIPIENT shall
comply with the requirements of Chapter 119,Florida Statutes,with respect to any documents,papers,
and records made or received by the SUBRECIPIENT in connection with this Agreement, including
the provisions of public access and for copies at a cost that does not exceed the cost provided in
Chapter 119,Florida Statutes,or as otherwise provided by the law. The SUBRECIPIENT shall ensure
that public records that are exempt or confidential and exempt from public records disclosure (n
requirements are not disclosed except as authorized by law.
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e. The SUBRECIPIENT shall meet all requirements for retaining public records and transfer,at no cost
to the COUNTY, all public records in possession of the SUBRECIPIENT upon termination of this
Agreement,and destroy any duplicate public records that are exempt or confidential and exempt from o
public records disclosure requirements. All records stored electronically must be provided to the
COUNTY in a format that is compatible with the information technology systems of the COUNTY.
ARTICLE XVI
SUSPENSION AND TERMINATION
1. Termination. Either party may terminate this Agreement without cause, at any time, by giving at least a
thirty(30) day written notice to the other party of such termination. Either party may terminate this
Agreement with cause immediately.
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a. In the event of any termination, all finished or unfinished documents, data, studies, surveys, maps,
models, photographs, reports, or other materials prepared by the SUBRECIPIENT under this
Agreement, shall, at the option of the COUNTY, become the property of the COUNTY, and the
SUBRECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory
work completed on such documents or materials prior to the termination.
b. Cause shall include, but is not limited to, failure to strictly comply with all applicable Federal, State,
and local laws, rules and regulations, or any substandard performance by the SUBRECIPIENT.
Substandard performance shall be any performance indicated by Verifying Documents but not
reflected in the actual performance of the Project. In the event of substandard performance, the
COUNTY shall notify the SUBRECIPIENT in writing of such substandard performance, and the
SUBRECIPIENT shall take corrective action within a reasonable time, but in no event later than
forty-five(45)days from receipt of the notice from the COUNTY.
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C. No delay or omission to exercise any right, power,or remedy accruing to either party upon breach or
violation by either party under this Agreement shall impair any such right,power,or remedy of either
party;nor shall such delay or omission be construed as a waiver of any such breach or default or any
similar breach or default.
2. Suspension. In lieu of termination upon a finding of cause, as defined in this article, the COUNTY may
suspend this Agreement and withhold any payment of Allocated Sum until such time as the
SUBRECIPIENT is found to be in compliance by the COUNTY.
ARTICLE XVII
NOTICES
All notices required or permitted hereunder shall be deemed duly given if sent by certified mail, postage
prepaid, addressed to the parties as follows:
MONROE COUNTY THE NATURE CONSERVANCY
Sylvia Murphy, Mayor Chris Bergh, Executive Director a�
And And
Lisa Tennyson, Legislative Affairs Director Susan Holmes,Grants Specialist
1100 Simonton Street 4245 N. Fairfax Drive, Suite 100 0
Key West Florida, 33040 Arlington,Va 22203-1637
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305-292-4441 0
Federal ID No: 53-0242652
DUNS No: 07656630
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Awarding Agency—US Department of the Treasury.
Federal Project Officer
[name]
1500 Pennsylvania Ave.N.W.
Washington D.C. 20220-0001
[phone no.]
[email address]
9 Packet Pg. 2179
N.7.a
ARTICLE XVM
INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating or establishing
the relationship of employer/employee between the parties. The SUBRECIPIENT shall, at all times, remain an
independent contractor with respect to the services to be performed under this Agreement. The COUNTY shall be
exempt from payment of all unemployment compensation, FICA, retirement, life and/or medical insurance, and 31
workers'compensation insurance.
ARTICLE XIX
INDEMNIFICATION
The SUBRECIPIENT shall defend,hold harmless,and indemnify the COUNTY and all of its officers,agents,and
employees from and against any and all claim, liability, loss, damage, cost, attorney's fee, charge, or expense of
whatever kind or nature which the COUNTY may sustain,suffer, incur,or be required to pay by reason of the loss
of any monies paid to the SUBRECIPIENT resulting out of fraud, defalcation, dishonesty, or failure of the
SUBRECIPIENT to comply with this Agreement,or arising out of any act, action,neglect,or omission during the
performance of this Agreement, as modified, any part thereof, or work performed hereunder, whether direct or
indirect;or by reason or result of injury caused by the SUBRECIPIENT's negligent maintenance or supervision of
the property or work performed thereon over which the SUBRECIPIENT has control; or by reason of a judgment
over and above the limits provided by the insurance,required under Article XX of this Agreement;or by any defect
in the condition or construction of the Project, if the Project was inspected and accepted by the SUBRECIPIENT;
whether or not due to, or caused by negligence of the COUNTY, or any of its agents and employees, except that
the SUBRECIPIENT will not be liable under this provision for damages arising out of the injury or damage to
persons or property directly caused or resulting from the sole negligence of the COUNTY or any of its agents or
employees. The indemnity hereunder shall continue until all provisions of this Agreement, including satisfaction
of any mortgage and/or promissory note, have been fully performed by the SUBRECIPIENT.
I�
The SUBRECIPIENT's obligation to indemnify, defend, and pay for the defense or, at the COUNTY's option, to
participate and associate with the COUNTY in the defense and trial of any damage claim or suit and any related
settlement negotiations, shall arise within seven(7) days of receipt by the SUBRECIPIENT of the COUNTY's
notice of claim for indemnification to the SUBRECIPIENT. The notice of claim for indemnification shall be
served by certified mail. The SUBRECIPIENT's obligation to defend and indemnify within seven(7) days of
receipt of such notice shall not be excused because of the SUBRECIPIENT's inability to evaluate liability, or
because the SUBRECIPIENT evaluates liability and determines the SUBRECIPIENT is not liable, or determines 0
the COUNTY is solely negligent. Only a final adjudication judgment finding the COUNTY solely negligent shall a,
excuse performance of this provision by the SUBRECIPIENT. If a judgment finding the COUNTY solely
negligent is appealed and the finding of sole negligence is reversed, the SUBRECIPIENT will be obligated to 0
indemnify the COUNTY for the cost of the appeal(s). The SUBRECIPIENT shall pay all costs and fees related to
this obligation and its enforcement by the COUNTY.
ARTICLE XX
INSURANCE
1. The SUBRECIPIENT shall procure and maintain for the duration of this Agreement,insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the
SUBRECIPIENT's operation and use of the premises. The cost of such insurance shall be borne by the
SUBRECIPIENT.
10 Packet Pg. 2180
N.7.a
2. The SUBRECIP[ENT shall not enter or occupy the premises until it has obtained all insurance required herein
and such insurance has been approved by the COUNTY as provided herein.
3. The SUBRECIPIENT shall furnish certificate(s) of insurance on the form required by the COUNTY to the
COUNTY to the attention of the Monroe County Risk Manager. The certificate(s) shall clearly indicate the
SUBRECIPIENT has obtained insurance of the type,amount,and classification required for strict compliance
with this Agreement and that no reduction in coverage or in limits,suspension,or cancellation of the insurance 31
shall be effective without thirty(30)days prior written notice as provided below. The certificate(s) shall be
signed by a person authorized by that insurer to bind coverage on its behalf. The COUNTY reserves the right
to require complete, certified copies of all required policies at any time. Each insurance policy required by
this Agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in
coverage or in limits, except after thirty(30) days prior written notice by certified mail, return receipt
requested,has been given to the COUNTY to the attention of the Monroe County Risk Manager. In the event
the insurance coverage expires prior to the termination or end of this Agreement, a renewal certificate shall
be issued thirty(30)days prior to the expiration date. Compliance with the foregoing requirements shall not
relieve the SUBRECIPIENT of the liability and obligations under this Agreement. Neither approval by the
COUNTY or a failure to disapprove insurance certificates or policies furnished by the SUBREC[PI ENT shall
release the SUBRECIP[ENT of full responsibility for all liability or its obligations under this Agreement.
0
4. All insurance policies shall be issued by responsible companies authorized to do business under the laws of
the State of Florida, have an "A" policyholders' rating, have a financial rating of at least Class VIII in _
accordance with the most current Best's Key Rating Guide, and shall be satisfactory to the COUNTY. All
policies of insurance required by this Agreement shall be primary insurance with respect to the COUNTY, its
officials, agents,and employees. Any insurance or self-insurance maintained by the COUNTY, its officials,
agents, or employees shall be in excess of the SUBRECIP[ENT's insurance and shall not contribute with it.
All policies of insurance required by this Agreement,except workers'compensation,shall specifically provide a
that the COUNTY shall be an"additional insured"under the policy and shall contain a severability of interests'
provision. All insurance policies required herein and all provisions hereof shall apply to all operations,
activities, or use by the SUBRECIPIENT, or by anyone employed by or contracting with the
SUBRECIP[ENT,and it is the SUBRECIPIENT's responsibility to ensure that any contractor,subcontractor,
or anyone directly or indirectly employed by any of them, complies with those insurance provisions and that
the COUNTY is an "additional insured"on such policies. Any deductibles or self-insured retentions must be
declared to and approved by the COUNTY and are the responsibility of the SUBRECIPIENT. The minimum
kinds and limits of coverage to be carried by the SUBRECIPIENT shall be as follows:
0
a. Workers' Compensation and Employer's Liability: If the SUBRECIPIENT falls under the State of 0
Florida Workers'Compensation law,the SUBRECIPIENT shall provide coverage for all employees.
The coverage shall be for the statutory limits in compliance with the applicable State and Federal o
laws. The policy must include employer's liability with a limit of One Hundred Thousand and
00/100 Dollars ($100,000.00) for each accident. The insurer shall agree to waive all rights of 0
subrogation against the COUNTY, its officials, agents, and employees for losses arising from the 0
leased premises.
b. Comprehensive General Liability: Shall include premises and/or operations, broad form property
damage, independent contractor,contractual liability,and fire legal liability,and shall be written on
an "occurrence basis." In the event SUBRECIPIENT is only able to secure coverage on a"claims-
made basis," the SUBRECIP[ENT shall be obligated, by virtue of this Agreement, to maintain tail
coverage in effect with no less limits of liability, nor any more restrictive terms and/or conditions,
for a period of three(3)years from expiration or termination of this Agreement.
,1 Packet Pg. 2181
N.7.a
C. Bodily injury and personal injury, including death:
• $1,000,000.00 each person;
• $2,000,000.00 aggregate;
• $1,000,000.00 each occurrence;
• $2,000,000.00 aggregate.
ARTICLE XXIit
PERSONNEL AND PARTICIPANT CONDITIONS U)
r-
0
1. Civil Rights
a. Compliance. The SUBRECIPIENT shall comply with Title VI of the Civil Rights Act of 1964, as
amended;Title VllI of the Civil Rights Act of 1968,as amended;the Americans with Disabilities Act
of 1990,as amended; Rehabilitation Act of 1973,as amended;the Age Discrimination Act of 1975,as
amended; Executive Order 11063, as amended; and Executive Order 11246, as amended.
b. Nondiscrimination. The SUBRECIPIENT shall comply with nondiscrimination in employment and
contracting opportunities laws, regulations, and executive orders and all other applicable laws, rules,
and regulations. SUBRECIPIENT agrees to comply with all Federal and Florida statutes,and all local
ordinances,as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title
VI1 of the Civil Rights Act of 1964(PL 88-352) which prohibits discrimination on the basis of race, U
color or national origin; 2)Title IX of the Education Amendment of 1972, as amended (20 USC ss.
1681-I683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)Section 504 of the
Rehabilitation Act of 1973,as amended(20 USC s. 794),which prohibits discrimination on the basis
of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6I01-6107) which
prohibits discrimination on the basis of age;5)The Drug Abuse Office and Treatment Act of 1972(PL
92-255),as amended,relating to nondiscrimination on the basis of drug abuse;6)The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616),
as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public
Health Service Act of 1912, ss. 523 and 527(42 USC ss. 690dd-3 and 290ee-3),as amended, relating
to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of
I968(42 USC s.360I et seq.),as amended,relating to nondiscrimination in the sale,rental or financing
of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be
amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe
County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or
age; 11)Any other nondiscrimination provisions in any Federal or state statutes which may apply to
the parties to,or the subject matter of,this Agreement.
During the performance of this Agreement, the SUBRECIPIENT, in accordance with Equal
Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,p.
339),as amended by Executive Order 11375,Amending Executive Order 11246 Relating to
Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60(Office of
Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor).
See 2 C.F.R. fart 200, Appendix I1,1 C, agrees as follows:
12Packet Pg. 2182
N.7.a
(1) The SUBRECIPIENT will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or
national origin. The contractor will take affirmative action to ensure that applicants are
employed,and that employees are treated during employment,without regard to their race,,
color, religion, sex, sexual orientation, gender identity, or national origin. Such action
shall include, but not be limited to the following: Employment, upgrading, demotion, or
transfer,recruitment or recruitment advertising;layoff or termination;rates of pay or other 31
forms of compensation; and selection for training, including apprenticeship. The M
contractor agrees to post in conspicuous places,available to employees and applicants for 0
U)
employment,notices to be provided by the contracting officer setting forth the provisions C
0
of this nondiscrimination clause.
0
(2) The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by 0
or on behalf of the contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
0
0
(3) The SUBRECIPIENT will not discharge or in any other manner discriminate against any 0
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a part �s
of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding,hearing, or action, including an investigation E
conducted by the employer, or is consistent with the contractor's legal duty to furnish
information.
0
0
(4) The SUBRECIPIENT will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding,a notice
to be provided by the agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under section 202 of Executive Order
11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
0
0
(5) The SUBRECIPIENT will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of
Labor.
0
(6) The SUBRECIPIENT will furnish all information and reports required by Executive Order
11246 of September 24, 1965,and by the rules,regulations,and orders of the Secretary of
Labor, or pursuant thereto,and will permit access to his books, records, and accounts by
the contracting agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations,and orders.
(7) In the event of the SUBRECIPIENT's non-compliance with the nondiscrimination clauses
of this contract or with any of such rules, regulations, or orders, this contract may be
13 1 Packet Pg. 2183
N.7.a
canceled,terminated or suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed
and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or
by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law.
(8) The SUBRECIPIENT will include the portion of the sentence immediately preceding 31
paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or
it
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor 0
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The Contractor will
take such action with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for non- 0
compliance; provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction by 0
the administering agency the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
0
2. Affirmative Action
a. Approved Plan. The SUBRECIPIENT agrees that it shall be committed to carry out its activities
pursuant to the COUNTY's specifications and to the Affirmative Action program in keeping with U
principles as provided in the President's Executive Order 11246 of September 24, 1965, as amended.
Such information shall be made available to the County for review upon request.
3
b. Women and Minority-Owned Businesses. The SUBRECIPIENT will use affirmative steps such as:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation
lists (2)Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources(3)Dividing total requirements,when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and minority businesses and
women's business enterprises (4) establishing delivery schedules, where the requirement permits,
which encourage participation by small and minority businesses, or women's business enterprises(5)
Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of the Commerce;
and(6)requiring the prime contractor, if subcontracts are to be let,to take the affirmative steps Iisted 0
above in(1)through(5). 0
0
To afford women- and minority-owned business enterprises the maximum practical opportunity to 0
participate in the performance of this Agreement. As used in this Agreement,the term "minority and
women business enterprise" means a business at least fifty-one(5 1)percent owned and controlled by a
minority group members or women. The SUBRECIPIENT may rely on written representations by 0
subcontractors regarding their status as minority and women business enterprises in lieu of an
independent investigation.
c. Access to Records. The SUBRECIPIENT shall furnish and cause each of its subcontractors to furnish
all information and reports required hereunder and will permit access to its books, records, and
accounts by the COUNTY, its agents, or other authorized Federal officials for purposes of
investigation to ascertain compliance with the rules,regulations, and provisions stated herein.
14 1 Packet Pg. 2184
N.7.a
d. Notifications. The SUBRECIPIENT will send to each labor union or representative of workers with
which it has a collective bargaining Agreement or other contract or understanding, a notice from the
SUBRECIPIENT's contracting officer advising the labor union or worker's representative of the
SUBRECIPIENT's commitments hereunder, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
e. Equal Employment Opportunity and Affirmative Action Statement. The SUBRECIPIENT shall, in 31
all solicitations or advertisements for employees,placed by or on behalf of the SUBRECIPIENT,state
that it is an Equal Opportunity or Affirmative-Action employer. it
0
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f. Subcontract Provisions. The SUBRECIPIENT shall include the provisions of Subsection 1, Civil
Rights, and Subsection 2, Affirmative Action, in every subcontract or purchase order, specifically or
by reference, so that such provisions will be binding upon each subcontractor or vendor.
3. Employment Restrictions X
0
a. Prohibited Activities. The SUBRECIPIENT shall not use any portion of the Allocated Sum or
personnel employed to carry out this Agreement for political activities,inherently religious activities,
and lobbying, political patronage,or nepotism activities.
0
b. Labor Standards. The SUBRECIPIENT shall comply with the Davis-Bacon Act,as applicable,the
provisions for Contract Work Hours and Safety Standards Act(40 U.S.C.,327,et seq.),and all other
applicable Federal, State,and local laws and regulations. The SUBRECIPIENT further shall comply
with the Copeland "Anti-Kickback" Act (18 U.S.C., 874, et seq.). The SUBRECIPIENT shall
maintain documentation demonstrating compliance with the hour and wage requirements of this
subsection.
The SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction of
residential property designed for residential use for less than eight(8)households,all subcontractors
engaged under contracts in excess of Two Thousand and 00/100 Dollars($2,000.00)for construction,
renovation, or repair of any building, or work financed in whole or part with assistance provided
under this Agreement, shall comply with Federal requirements adopted by the COUNTY pertaining
to such Agreements; and with the applicable requirements of the regulations of the United States
Department of Labor under 29 CFR, Parts 1,3, 5,6,and 7,governing the payment of wages and ratio
of apprentices and trainees to journeymen provided, that if wage rates higher than those required
under the regulations are imposed by State or local law, nothing hereunder is intended to relieve the o
trs
SUBRECIPIENT of its obligation, if any, to require payment of the higher wage. The
SUBRECIPIENT shall cause or require language to be inserted in full in all such contracts subject to r_
0
such regulations and provisions, meeting the requirements of this article.
4. Conduct
a. Hatch Act. The SUBRECIPIENT agrees that no funds provided,nor personnel employed under this
Agreement, shall be in any way or any extent engaged in the conduct of political activities in
violation of Chapter 15 of Title V of the U.S.C.
b. Conflict of Interest. The SUBRECIPIENT shall not employ or retain any person or entity with a
financial interest in the Project. The SUBRECIPIENT shall not employ, retain, or otherwise grant
any financial interest in the Project to any person employee,agent,consultant, officer,or elected or
appointed official of the COUNTY who may exercise or have exercised any functions or
15 1 Packet Pg. 2185
N.7.a
responsibilities with respect to the Project, or who are in a position to participate in a decision-
making process or gain inside knowledge to the Project,either for themselves or anyone with whom
they have business or immediate family ties.
C. Lobbying. The SUBRECIPIENT hereby certifies:
i. No Federal appropriated funds have been paid by or on behalf of it to any person for influencing
or attempting to influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress, or an employee of a member of Congress in connection with it
the awarding of any Federal contract; the making of any Federal grant; the making of any U)
Federal loan;the entering into of any cooperative Agreement; and the extension,continuation, o
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative
Agreement.
ii. If any funds other than Federally appropriated funds have been paid or will be paid to any 0
person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with this Agreement,the SUBRECIPIENT shall complete and submit
Standard Form LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.
0
iii. The SUBRECIPIENT shall require that the language of the Anti-Lobbying Certification be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative Agreements), and shall certify Z
and disclose accordingly.
a
d. Copyright. In the event the performance of this Agreement results in any copyrighted material or
inventions, the COUNTY reserves the right to royalty-free, nonexclusive, and irrevocable license to E
reproduce,publish,or otherwise use,and authorize others to use the work or material for governmental
purposes.
e. Religious Activities. The SUBRECIPIENT agrees that funds provided under this Agreement will not
be utilized for religious activities, to promote religious interests, or for the benefit of a religious
organization.
ARTICLE)OW
ENVIRONMENTAL CONDITIONS
0
U
1. Air,Water, Species Protection.The SUBRECIPIENT agrees to comply with the following regulations
insofar as they apply to the performance of this Agreement:
0
a. Clean Air Act,42 U.S.C., 7401,et seq.
b. Clean Water Act, 33 U.S.0 1251,et seq.
c. Environmental Protection Agency Regulations pursuant to 40 CFR 50, as amended.
d. National Environmental Policy Act of 1969,as amended,42 U.S.C.4321,et seq.
e. Coastal Zone Management Act, as amended, 16 U.S.0 1451, et seq., and implementing regulations
15 CFR Part 930.
f. Endangered Species Act, 16 U.S.C. 153,et seq.
g. Magnuson-Steven's Fishery Conservation and Management Act,as amended, 16 U.S.C. 1801-1884.
h. Marine Mammal Protection Act, 16 U.S.C. Chapter 31.
i. Coastal Barrier Resources Act,as amended.
16 Packet Pg. 2186
N.7.a
j. Rivers and Harbors Act.
k. Wild and Scenic Rivers Act, I6 U.S.C. 1271,et seq.
I. Safe Drinking Water Act, 42 U.S.C.300f,et seq.
m. Executive Order 11988, FIoodplain Management.
n. Executive Order 11990, Wetland Protection.
o. Executive Order 13089, Coral Reef Protection.
p. Executive Order 13112, Invasive Species. 31
q. Executive Order 13186, Responsibilities of Federal Agencies to Protect Migratory Birds.
it
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2. Historic Preservation. The SUBRECIPIENT agrees to comply with the historic preservation requirements
set forth in the National Historic Preservation Act of 1966,as amended(16 U.S.C.,470),and the procedures
set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures, for protection of historic
properties insofar as they apply to the performance of this Agreement.
0
0
3. Environmental Protection. The SUBRECIPIENT agrees to comply with the Resource Conservation and "q
Recovery Act, the Comprehensive Environmental Response, Compensation, and Liability Act insofar as
they apply to the performance of this Agreement.
0
ARTICLE XXIII
GENERAL CONDITIONS
1. Assignment. No assignment, delegation, transfer, or novation of this Agreement, or any part hereof, may
be made unless in writing and signed by all parties hereto.
2. Headings. All articles and descriptive headings of paragraphs in this Agreement are inserted for
convenience only and shall not affect the construction or interpretation hereof. E
3. Modification. No modification, addendum, or amendment of any kind whatsoever may be made to this
Agreement unless in writing and signed by all parties hereto. This Agreement may be amended from time
to time to conform to Federal, State, or local governmental guidelines, policies, or available funding
amounts,and such approval shall not be unreasonably withheld.
4. Amendments. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY
or the SUBRECIPIENT from its obligations under this Agreement, or change the independent contractor
status of the SUBRECIPIENT.
5. Entire Agreement. This Agreement represents the entire Agreement between the parties and supersedes
any and all prior agreements, written or oral, relating to the matters set forth herein. Prior agreements,
negotiations,or understandings shall have no force or effect on this Agreement.
6. Sovereign Immunity. To the extent permitted by law,nothing in this Agreement shall be construed in any
way to waive the sovereign immunity of the COUNTY,as provided by the laws of the State of Florida.
7. Laws. This Agreement shall be governed by all applicable Federal laws, rules, and regulations that apply.
The SUBRECIPIENT shall perform all acts required by this Agreement in strict conformity with all
applicable laws and regulations.
8. Venue. Venue for any litigation arising from this Agreement shall be in the Sixteenth Judicial Circuit of
Florida, in and for MONROE County.
9. This Agreement shall take effect the last day all parties hereto have signed.
10. Severability. If any term or provision of this Agreement is found to be illegal and unenforceable, the
remainder will remain in full force and effect, and such term or provision shall be deemed stricken.
11. Grant Award No. 1 RDCGR170068-01-00 is not a Research and Development Award.
'1 Packet Pg. 2187
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed on the dates indicated below.
(SEAL)
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
ATTEST: KEVIN MADOK, CLERK
Deputy Clerk MONROE BOCC MAYOR
0
z
X
0
DATE 0
ATTEST: THE NATURE CONSERVANCY, FLORIDA 0
z
z
..................................................................................
[Signature of SUBREC[PIENT ATTESTOR] [Signature of AUTHORIZED REP
SUBREC[PIENT]
E
[Printed name of SUBRECIPIENT ATTESTOR] [Printed name&position of AUTHORIZED
.2-
REP]
iv
DATE
0
0
2
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Packet Pg. 2188
N.7.a
EXHIBIT A
PROJECT DESCRIPTION
Description:
The Coral Reef Restoration project will grow staghorn coral in undersea nurseries located throughout the
Florida Keys and boulder corals in a land-based nursery on Summerland Key. The coral will then be
outplanted on reefs where they will kick-start reproduction and reef recovery for the future. 31
Approximately 20,000 staghorn and elkhorn corals of varying sizes will be outplanted on reefs between
Key Largo and Key West.A subset of these will be part of value-added scientific research to help increase U)
the pace and efficiency of future restoration activities. Staghorn and boulder coral restoration efforts will
be designed to encourage the restored corals to reproduce on their own and reseed both restored and adjacent
reefs.The outplanted corals will begin to spawn and contribute to the reseeding of surrounding reefs.
The methods used in project seek long-term recovery of these habitats through self-sustaining populations. Z
Outplanting is designed to promote natural ecosystem processes,such as recruitment of reef-dependent fish
and invertebrates and reef accretion,to occur naturally and to continue after the project ends. 0
More prolific reefs enhance the restoration and protection of the Keys' natural resource, ecosystems,
fisheries, marine and wildlife habitats, and coastal wetlands.
Need:
The reef system in the Florida Keys is the largest living coral reef in the Continental United States. Coral _
reef areas provide critical nursery and feeding habitat for an abundance of ecologically and economically
valuable sea life.
Coral reefs buffer adjacent shorelines from wave action and prevent erosion, property damage and loss of
life. Reefs also protect the highly productive wetlands along the coast.
The reef system in the Florida Keys has been in decline for decades, with no significant improvement in
live coral cover or health observed. Active restoration is a proven technique to help jump-start recovery of
the reefs.
Purpose:
a�
The primary purpose of this project is to restore degraded reefs in the Florida Keys through outplanting of
nursery-reared corals.A healthy, vibrant reef is critical to the continuation of the unique ecosystems of the
Florida Keys.
Objectives:
0
RESTORE Act objectives addressed by this project include those related to environmental improvements
and tourism promotion.
• Environmental objectives: Increase live coral cover; increase the populations of federally threatened
coral species; restore important habitat for fish, invertebrates, sea turtles; improve long-term outlook
as outplanted corals contribute to the reproductive potential of each species.
• Economic development ob'ectives: Improve recreational and tourism value of Monroe County's reefs.
• Community resilience objectives: Increase the health of Monroe County's reefs,which serve as a first
line of defense for the shoreline by breaking waves offshore.
• Education ob'ectives: Make more tourists and locals aware of the cost of the continual degradation of
the reef system, and increase awareness of the importance of this work
19 1 Packet Pg. 2189
N.7.a
EXHIBIT B
PROJECT SCHEDULE
.................................... . ..................................... ......,
Action Item Completion Date
......... .................. ......... — ................................
Execute Subrecipient Agreement Grant Award+6 mos
......... ......... ......, ......... ....
Site Selection Grant Award 4.8 mos
............................................. .............................. ..................... ........ r-
......................
Review and update permits Grant Award+8 mos
�... ................................................... .... _ .......................
Maintenance of Corals in the Nursery Grant Award+35 mos
Outplanting of corals Grant+32 mos
x
Monitoring of outplanted corals Grant+35 mos
Reporting on project progress Grant+38 mos
................................................... .... ........................................................._. ......................... ...................
Conduct subrecipient monitoring Grant+38 mos
...... ........ .... ........ ..........
Closeout subrecipient agreement with The Nature Conservancy Grant+38 mo
............................... ......................................................, ................................... ...................................................
Closeout grant award Grant+38 mos
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N.7.a
EXHIBIT C
PROJECT BUDGET AND FUNDING SOURCES
Budget:
Coral growth and outplanting (Funded by RESTORE) $ 818,308.50
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Funding Sources:
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RESTORE Funding $578,308.50.
Funds from SUBRECIPIENT—Cash and in-kind match $240.000.00 Z
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Total $818,308.50
Note: Most of the funding will be passed from TNC to subawardees who will manage the
nurseries and outplanting throughout Monroe County. A small portion of the funding will
pay for the salary and benefits ofTNC's project manager, travel for the project manager to
perform biannual visits to each nursery, and development of a one-page document to help
with educating the public about the project. TNC has committed $40,000 in cash leverage
which will cover the additional salary and benefits needed to cover the project manager's
time. In addition, the subawardees have committed $200,000 in in-kind leverage.
Pre-award costs: The subrecipients may incur pre-award costs, utilizing in-kind match, for the
transfer of corals between nurseries starting on January 30,2019.
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N.7.a
EXHIBIT D
INDIRECT COST RATE
Current Negotiated Indirect Cost Rate Agreement(NICRA) for Subrecipient: The Nature 31
Conservancy
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N.7.a
United States Departlnent of the Interior
INTERIOR BUSINESS CENTER NM
Indirect Cost Services
650 Capitol Mall,Suite 7-400
Sacramento,CA 95814-4706
April 4,2018
U)
Ms. Laura Travis,Director,Grants Services Network
The Nature Conservancy
4245 Notch Fairfax Drive,Suite 100
Arlington,VA 22203-1606
Dear Ms.Travis: 0
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Enclosed is the signed Negotiated Indirect Cost Rate Agreement that was processed by our
office. If you have any questions concerning this agreement,please refer to the signature page
for the name and contact number of the negotiator.
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As a recipient of federal funds,the regulations require you to maintain a current indirect cost rate
agreement. For provisional/final indirect cost rates,Indirect Cost Proposals should be submitted
on an annual basis,and they are due within six(6)months after the close of your fiscal year. For
predetermined rates and approved rate extensions,proposals are due in our office six(6)months
prior to the expiration of your current rate agreement. Please note that proposals are processed
on a first-in,first-out basis.
a
Common fiscal year end dates and proposal due dates are fisted below:
Fiscal Year End Date Proposal Due Date
September 301 March 31
December 311 June 3&
June 30'h December 31't �
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PIease visit our website for guidance and updates on submitting future indirect cost proposals.
The website includes helpful tools such as a completeness checklist,indirect cost and lobbying
certificates,sample proposals,Excel worksheet templates,and links to other websites.
Sincerely,
ZA acg ems. rya
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Craig A. Wills
Office Chief
Enclosure
Ref: !:\Other(Non-Profit,For Profst)WonproftWature Conservancy(Nacoh629)IFY 17F 19CWaeo-Issue.ltr.17F
& 19C.docx
Phone:(916)930-3803 Email:ICS@ibc.doi.gov
Fax:(916)930-3804 Website:http;//www.dol.govribc/servicestfimmcefindirect-Cost-Services
Packet Pg. 2193
N.7.a
Nonprofit Organization
Indixeat Cost Negotiation Agreement 31
EIN: 53-0242652
organization: Date: April 4, 2018 0
The Nature conservancy Report No(s) .: 18-A-0540(17F) c
4245 North Fairfax Drive, Suite 100 18--A-0541(19C)
Arlington, VA 22203-1606
Filing Ref. :
Last Negotiation Agreement
dated May 18, 2011
0
The indirect cost ratub contained herein are for use on grants, contracts, and
other agreements with the Federal Government to which 2 CFR Part 200 apply for
fiscal years beginning on or after December 26, 2014 subject to the limitations
contained in Section II.A. of this agreement. Applicable OHS Circulars and the �
regulations at 2 CFR 230 will continue to apply to federal funds awarded prior M
to December 26, 2014. The rates were negotiated by the U.S. Department of the
Interior, Interior Business Center, and the subject organization in accordance
with the authority contained in applicable regulations.
Section I: Rates Page 1 of 2
Effective Period Applicable
Type From To Rate Locations To
a
Indirect_Cost_ Rate
Fixed Carryforward 07/01/18 06/30/19 24.55% 1/ All All Programs
Fringe Benefit Rates
Final 07/01/16 06/30/17 41.101 2/ All Regular Salaries
Final 07/01/1* 06/30/17 12.35% 3/ All Short-Term Salaries
Final 07/01/16 06/30/17 11.33% 4/ All Foreign Salaries
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Q^.iA7—W30/115---49 0 mac—Ali Re caries
AEGNEI.tea.,.«.,i - - -----r7 trL9�y i 06 480AG 1:3-r n.. (!)
z avm.evsys�a w,rv+cr a.,-�vr A���-41�A���----F`$t�� aaTAeB
Fixed Carryforward 07/01/17 06/30/18 40.00% 2/ All Regular salaries
Fixed Carryforward 07/01/17 06/30/10 12.00% 3/ All Short-Term Salaries
Fixed carryforward 07/01/17 06/30/10 13.004 4/ All Foreign Salaries
Fixed Carryforward 07/01/18 06/30/19 40.00` 2/ All Regular Salaries
Fixed Carryforward 07/01/18 06/30/19 12.00% 3/ All Short-Term Salaries ) c
Fixed Carryforward 07/01/19 06/30/19 10.00$ 4/ All Foreign Salaries
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The Nature Conservancy requested to convert all fringe benefit rates from
provisional to fixed carryforward starting with rY 201e.
1/Base: Total direct costs, "less external transfers and the value of land sold or
donated to government agencies and other conservation organizations. Equipment
costs valued between $5,000 and $50,000 are included in the base limited to the
first year of capitalization. All subawarde, regardless of dollar amount, are
included in the direct cost base for purposes of computing the indirect coat rate,
Packet Pg. 2194
N.7.a
Section I: Rates (continued) Page 2 of 2
2/Base: Total salaries and wages for regular employees. c
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3/Base: Total salaries and wages for short-term employees.
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4/Base: Total salaries and wages for foreign employees. 0
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Note: The foreign salaries fringe benefit rates refer to benefits that are paid
centrally by The Nature Conservancy's (TNC) headquarters. Additional benefits are
paid locally by TNC'a foreign locations which are charged directly to government
awards.
Treatment of f 1mgs benefits: Fringe benefits applicable to direct salaries 0
and wages are treated as direct costs; fringe benefits applicable to indirect
salaries and wages are treated as indirect costs.
Treatment of Paid Absences: (a) for employees paid on TNC's U.S. payroll, the
CD
costs of vacation, holiday and sick leave pay are included in the organizationas m
fringe benefit rate and are not included in the direct costs of salaries and
wages. Claims for direct salaries and wages must exclude those amounts paid or
accrued to employees for periods when they are on vacation, holiday or sick
leave. Other paid absences are billed directly. (b) For employees paid on
local payrolls in other country programs, paid absences are billed directly.
Section II: General Page 1 of 3
A. Limitations: Use of the rate(s) contained in this agreement is subject to
any applicable statutory limitations. Acceptance of the rate(s) agreed to
herein is predicated upon these conditions: (1) no costs other than those
incurred by the subject organization were included in its indirect cost rate
proposal, (2) all such costs are the legal obligations of the
grantee/contractor, (3) similar types of coata have been accorded consistent CD
C
treatment, and (4) the same costs that have been treated as indirect costs have
not been claimed as direct costs (for example, supplies can be charged directly
to a program or activity as long as these costs are not part of the supply costs
included in the indirect cost pool for central administration) .
B. Audit: All costs (direct and indirect, federal and nonfederal) are subject
to audit. Adjustments to amounts resulting from audit of the cost allocation
plan or indirect cost rate proposal upon which the negotiation of this agreement
was based will be compensated for in a subsequent negotiation.
C. Changes: The rate(s) contained in this agreement are based on the
organizational structure and the accounting system in effect at the time the
proposal was submitted. Changes in organizational structure, or changes in the
method of accounting for costs which affect the amount of reimbursement 0
resulting from use of the rate(s) in this agreement, require the prior approval
of the responsible negotiation agency. Failure to obtain such approval may
result in subsequent audit disallowance.
D. Rate Type: c
1. Fixed Carryforward Hates The fixed carryforward rate is based on an estimate m
of the costs that will be incurred during the period for which the rate applies.
When the actual costs for such period have been determined, an adjustment will
be made to the rate for a future period, if necessary, to compensate for the
difference between the costs used to establish the fixed rate and the actual
costs.
Packet Pg. 2195
N.7.a
Section rI: General (continued) Page 2 of 3
2. Provisional/Final. Rates Within six (6) months after year end, a final 31
indirect cost rate proposal must be submitted based on actual Costs. Billings
and charges to contracts and grants must be adjusted if the final rate varies m
from the provisional rate. If the final rate is greater than the provisional
rate and there are no funds available to cover the additional indirect costs, m
the organization may not recover all indirect costs. Conversely, if the final
rate is less than the provisional rate, the organization will be required to U
pay back the difference to the funding agency.
3. Predetermined Rate: A predetermined rate is an indirect cost rate applicable m
to a specified current or future period, usually the organization's fiscal year. -
The rate is based on an estimate of the costs to be incurred during the period.
ca
A predetermined rate is not subject to adjustment. (Because of legal
constraints, predetermined rates are not permitted for Federal contracts; they
may, however, be used for grants or cooperative agreements.)
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E. Rate Extensions Only final and predetermined rates may be eligible for CD
m
consideration of rate extensions. Requests for rate extensions of a current
rate will be reviewed on a case--by-case basis. If an extension is granted, the
non--Federal entity may not request a rate review until the extension period
ends. In the last year of a rate extension period, the non-Federal entity must
submit a new rate proposal for the next fiscal period.
F. Agency Notification: Copies of this document may be provided to other
federal offices as a means of notifying them of the agreement contained herein.
M
G. Record Keeping: Organizations must maintain accounting records that
demonstrate that each type of cost has been treated consistently either as a
direct cost or an indirect cost. Records pertaining to the costs of program m
administration, such as salaries, travel, and related costs, should be kept on m
an annual basis.
H. Raimbumsemant Ceilings. Grantee/contractor program agreements providing for
ceilings on indirect cost rates or reimbursement amounts are subject to the c
ceilings stipulated in the contract or grant agreements. If the ceiling rate rL
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is higher than the negotiated rate in Section I of this agreement, the
negotiated rate will be used to determine the maximum allowable indirect cost.
1. Use of OtherRates: if any federal programs are reimbursing indirect costs t!s
to this grantee/contractor by a measure other than the approved rate(*) in this
agreement, the grantee/contractor should credit such costs to the affected c
programs, and the approved rate(a) should be used to identify the maximum amount
of indirect cost allocable to these programs.
m
O
J. Other.
1. The purpose of an indirect cost rate is to facilitate the allocation and O
billing of indirect costs. Approval of the indirect cost rate does not mean
that an organization can recover more than the actual costs of a particular
program or activity. m
2. Programs received or initiated by the organization subsequent to the 0
negotiation of this agreement are subject to the approved indirect cost rate(s)
if the programs receive administrative support from the indirect cost pool. It
should be noted that this could result in an adjustment to a future rate.
Packet Pg. 2196
N.7.a
Section II: general. (continued) Page 3 of 3
3 This Negotiation Agreement is entered into under the terms of an Interagency 31
Agreement between the U.S. Department of the,Interior and the cognizant agency.
No presumption of federal cognizance over audits or indirect cost negotiations M
arises as a result of this Agreement.
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4. Organizations that have previously established indirect cost rates-exclusive
of the 10% de m1n1mis rate must submit a new indirect cost proposal to the
cognizant agency for indirect costs within six (6) months after the close of
each fiscal year.
Section III: Acceptance -
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Listed below are the signatures of acceptance for this agreement:
By the Nonprofit,Organizatioa: By the Cognizant Federal. Government
Agency: as
The Nature Conservancy U._S..__Department_of_the interior_____
Grantee/Con racta4zo
Cognizant Agency
IL
OlyGalHsqn�byCRauG1MusC iG WILLS �zo9891:1ss/s/ /s/
Signature Signature d>
Craig A. Wills
Name (Type or Print) Name
Office Chief
_ _ _ Office of Indirect Cost Services
Ti le Title
U.S. Department of the Interior
Interior Business Center
Date Agency
Negotiated by Elena Chan
Telephone (916) 930-3824
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EXHIBIT E
SUBRECIPI]ENT REQUIREMENTS
Provisions Citation
1. Eligible Activity 34 CFR 34.201
2. it
Subrecipient determination 2 CFR 200.300 r-
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. ......................................................................................... 0
3. Time of Performance 2 CFR 200.331
...............................................................
4. Compensation and Method of Payment 2 CFR, Part 225
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..................... .......................................................................................
5. Program Income 2 CFR200.80 x
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6. Record Keeping Requirements 2 CFR 200.331, 333
...............................................................................................
7.
Reporting Requirements 2 CFR 200.331
.....................................................................................................................................................................................................................
00 1
8. Public Access to Program Records 2 CFR 200.331 0
.......................... .............................................................................................................. CFR,
.7nn
9. Uniform Administrative and Program Management Standards 2 CFR, 225; 2 CFR,200
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.................................................... U-
0— Other Program Requirements 2 CFR 200.331 U
2 CFR 200.207 z
11. Termination— 2 CFR 200.331, 338
.................................................................................................
F2— Compliance with Laws/Regulations 2 CFR 200.331
.................................................................... ....................................
13. E
Antidiscrimination/Affirmative Action EEO/Labor Standards 2 CFR 200.331
14. ..... .............. .......................................................................................................
Financial Management 2 CFR 200.331, 333
-1-5. Audits 2 CFR, 200
................................................................................
16. Monitoring and Management 72 CFR,200.300-.332
................................ .....................................................................................................
, _
17. Conflict of Interest 2 CFR,200.318(c) (n
'-f8—. �—Procurement Methods............................................................................................................ 2 CFR,200.317-326
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Budget 2 CFR 200.331 0
....... ........................................................................................................ 0-
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Project Schedule/Milestones 2 CFR 200.331 0
...........................
21. Environmental Review 2 CFR 200.331
22. E
Best Available Science 31 CFR, Part 34
23. Internal Controls 2 CFR 200.303
Special Conditions: Subrecipient must submit to Monroe County evidence of all permits required for activities
funded under this award are obtained,and that all compliance requirements are met prior to the outplanting of
coral.
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Packet Pg. 2198
N.7.a
ENHIMIT F
RESTORE ACT SUBRECIPIENT QUARTERLY REPORT
Reporting Period (check one). Date Report
Submitted:
Quarter 1: ❑ October 1 —December 31 Quarter 3: ❑ April 1 —June 30
Quarter 2: ❑ January 1 —March 31 Quarter 4: ❑ Jul 1 —September 3a
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............................... ................. U)
1. Subrecipient Name:
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.................................................................... .............................................................. .....................................
2. Project Name.
3. Name of Contact Person:
4. Contact Email Address:
5. Subrecipient Area Code and Phone Number:
......... ........ rrmmmmmrrvrv, ........ w___................................ . . .. ....... ......... a�
6. Describe Activities and Outcomes for this Quarter: (Attach additional sheets if necessary.)
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Packet Pg. 2199
N.7.a
EXHIBIT G
Appendix II to Part 200-Contract Provisions for Non-Federal Entity Contracts Under Federal
Awards.
The SUBRECIPIENT and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. 31
§200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to:
Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which r_
includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit U
Security Grant Program,Tribal Homeland Security Grant Program,Port Security Grant Program and Transit Security
Grant Program, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply
with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor _
regulations(29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of
Labor. In addition,contractors must be required to pay wages not less than once a week. If applicable,the COUNTY
must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The
COUNTY must report all suspected or reported violations to the Federal awarding agency.When required by Federal
program legislation,which includes emergency Management Preparedness Grant Program,Homeland Security Grant
Program,Nonprofit Security Grant Program,Tribal Homeland Security Grant Program, Port Security Grant Program
and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs,
including the Public Assistance Program),the contractors must also comply with the Copeland"Anti-Kickback"Act
(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR fart 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United
States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any
person employed in the construction,completion,or repair of public work,to give up any part of the compensation to
which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal
awarding agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29
C.F.R. pt.3 as may be applicable,which are incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other
clauses as the FEMA may by appropriate instructions require,and also a clause requiring the subcontractors to include 0
these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach.A breach of the contract clauses above may be grounds for termination of the contract,and for debarment
as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
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Contract Work Hours and Safety Standards Act(40 U.S.C.3701-3708). Where applicable,which includes all FEMA o
grant and cooperative agreement programs,all contracts awarded by the COUNTY in excess of$100,000 that involve
the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by 0
Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. §3702 of the Act,each contractor must compute
the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half
times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C.
3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
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Packet Pg. 2200
N.7.a
Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding
agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must
comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing 31
regulations issued by the awarding agency.
Clean Air Act (42 U.S.C. 740I-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-I387).
Contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act
(42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and
will report violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA). The Clean
Air Act(42 U.S.C. 7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387),as amended
applies to Contracts and subgrants of amounts in excess of$150,000. Z
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Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award(see 2 CFR 180.220) must not
be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR part 1986 Comp.,
p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the
names of parties debarred,suspended,or otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549.
Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)--Contractors that apply or bid for an award exceeding$100,000
must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must
also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the non-Federal award. E
Com liance with Procurement of recovered materials as set forth in 2 CFR 200.322. CONTRACTOR must comply
with section 6002 of the Solid Waste disposal Act,as amended,by the Resource Conservation and Recovery Act.The
requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection 2
Agency(EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent
with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded$10,000; procuring solid waste management
services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
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N.7.a
EXHIBIT H
See attached Federal RESTORE ACT Grant Agreement
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Packet Pg. 2202
N.7.a
I.DATEISSUED hP Y Ia.SUPERSEDES AWARD NOTICE cbbd
imonoia except that any additions or restrictions previously Imposed U.S.DEPARTMENT OF THE TREASURY
akh in effect union specifically rescinded
2,C ANO. Office f the Fiscal Assistant Secretary
21.015®Relouncoe and Ecosystems Sustalnability,Tourist Opportunities,and Revived Economies of Office of Gulf Coast Restoration
ft Gulf Coast States
3.ASSISTANCE TYPE Formula la Grant 1500 Pennsylvania Ave.,N.W.
-LGRANTNOL 1 R GR170 1.00 S. TYPE OF AWARD Washington,CIC 20 001
Formerly
FAIN RDCGRI70008 Sa.ACTION TYPE Now
i, PROJECT PERIOD MMVDIYYYY AA YYY NOTICE OF AWARD
form 1110112018 Through 1 I=21 AUTHORVATION(Legislation/Regulations) �
7.BUDGET PERIOD M itfkfDatyyyy Resources and ECDSy5teMS Suslainablifty,Tourist Opportunities,an
From 11101nal® Through lot3l=21 Revived Economies of the Gulf Coast States
tPl
a.TITLE OF PROJECT(OR PROD I
Corel Rest Reskmotion for Environmental and Economic Enhancement of the Florida Keys
fa.GRANTEE NAME AND ADDRESS 9b.GRANTEE PROJECT DIRECTOR
COUNTYOFMONROE Ms.Use Tennyson T
Alternate Name:Monme County Board of County Commissioner* 1100 Simonton St.Gate Bldg,2 d F or
I 100 Simonton St Rm 2.205 Kay West FL 33040
Key West,FL 33040.3110 Phone:305-292
0
0
1 .GRANTEE AUTHORMING OFFICIAL lob.FEDERAL PROJECT OFFICER
David Rica Mr John Shfits
110o Simonton St 1500 Pennsylvania Ave. N.W.
Gate Bldg,2nd Floor Washington,DC 2022 1 CD
Key West,FL 33040 Phone:202-022 3
0
ALL AMOUNTS ARE SHOWN IN USO
It. PRO D U ET Excludes fan Amaistanco) 12.AWARD COMPUTATION
I Financial Assistance from the Fadaral Awarding Agency Only j a.Amount of Federal Financial Assistance prom Item 11m) 579,306.50
II Total prood costa Including grant hands and So other Financial participation II b.Less Unoblifialed Salarme From Prior Budget Periods 0.00 LL.
a. Salaries Wages ........................ 0.00
o Less Cumulative PriorAward(s)This Budget Period 0.00
b, Fringe benefits 0.00 d.AMOUNT OF FINANCIALASSISTANCE THIS ACTION 578,3011,50
15.Total Federal Funds Awarded to Date for project Period 578,309.50
C. Total Pamonnel Costs ................. D.00 14.RECOMMENDED FUTURE SUPPORT
d. Equipment .................................. 0,00 (Subject to the availsARlfy of funds and satisfacfary progress oP ).
a. Supplies 0.00 YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS
f. Travel ... 0.®a b. 3 e. 6
9. Construction .................................. 0.00 a 4 f. 7
h. Oftr .................................. 818,308.50 t ,P M m ME swALL BE USED Ia Accoan vM oNEor THE ruLtowans
ALTERNATIVES:
I. contractual ..............°................... 0.00 a. DEDUCTION �
M. A4 NALCnBTa
a MATCH NO CL
I, TOTAL DIRECT COSTS a10,306.50 d. oTH I MRROSEARCH F r t
k. INDIRECT COSTS 0.00
IlLintlAwasots sAaffoeMAM APPLicAraINsue to Te,AND APPRea'EDST,TNE FEDERAL A RDINGA
CRIME Alwg=Llb FRousurrAnDMINUBjecr To Tea TERM Aria comtowntst R RToo Emma MoscrLy
I. TOTAL APPROVED BURG 618,306.50 an By FERENCEINTHEa o:
.. TM prom pa boveasaa
S. TM VwK Pre -
e. Theea nil r ae .Merl.rmmd tbYs mare REMARKS
m• Federal Share 576,300.50 a F � r+ awtPrnml. ®vmcr. d.b9A
ratm o we conOWIMU or olonwas Mcansatent pdOm mpomble to Mrs FoK the sum arderar pmenemmcost
n, Non-Federal Sham 240,000.00 L Accosmince or ma ram Some and m ed by the Foram when Funds are dran or offtemue
ot0mod haN 9w FaM Inymew orMem. (�
REMARKS (Other Terms and Conditions Attached® Yes El No)
0
This award Is approved by Kitsfine Conrata,AuftrWng Offidat,Accaptirg this award In GrantSolutons.gov constitutes acceptance of this award and the Standard Terms and Co dons and �
Programmatic Toms and Conditions and Spacial Award Comblons.Award htndswig be available to the awarfte In are ASAP.gov account
AUTNORWNG OFFICIAL tJ
17.GBJ CLASS 410001 18a°VENDORCODE 124a952 lob.EIN 596000749 IL DUNS 073576757 20.CON 26
FV-ACCOUNTNO. DOCUMENTNO. ADMINISTRATIVE CODE JUNTACTION FIN ASIT APPROPRIATION
21,R. owed b. RDCOR170060 RDC d, S578,308.50 A
22.S. h, C. d. a,
23 a, b. C. d. ®„
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!!PAGE 2 of 3 DATE ISSUED
TIC AWARD (Continuation Sheet) 10/30/2018
GRANT NO. 1 RDCGR170068-01-00
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Federal Financial Report Cycle
Reporting Period Start Date Reporting Period End Date Reporting ................. ............ Reportin Prrd Due Date
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11l0112018 ........................ 03/31/201 Semi-Annual 04/0119 09/3412419 SemimAnnual 10/30/201
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10/01/2019 „,,,,,,,, 03/31/2020 Semi-Annual,,,,,,,,-°,°°,,,,,,,,,, ,,,,,,, 04/30/2024 ,,,,,,,,,,,,,,,,,,,,°,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, r-
44/01/2420 ,...............................................
.................................... .4913012020N ,-,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Semi-Annual,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,....,,,,,,,,,,,, 10/30/2020 .,,,,,,,�,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
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RESTORE Act-FUNDING AUTHORIZATION
1.
Total Amount of Amount of Amount of Amount elates
Federal Funds Funding Financial Authorized for ,0
Awarded to Date Restriction Assistance This ASAP
for Project Period Acdon Account this
Action
Line 13 of Line 12d of U
NoAdAmendme t NoA/Amendment
w- .... ......... ................... m ,...�............�
$578,308.05 $0.00 $578,308.05 $578,308.05 I° ,m
Initial Authorization,
with Special Award
Conditions,and an i
ASAP Maximum Draw 0
Limit of$1.00 per SAC cm
5
„�;;�„ ,,,,,,,,, ,,,,,, ...„ .....................
S Act-SPECIAL AWARD CONDITIONS
1. Special Condition 1: Monroe County agrees to receive award funds on a reimbursement payment
method. Treasury's pre-approval of drawdown requests is not required(see Section H of the
RESTORE Act Financial Assistance Standard Terms and Conditions included with this award).
Monroe County will remain on the reimbursement payment method until it submits to Treasury
evidence,satisfactory to Treasury,that it maintains policies and procedures meeting the requirements U
of 2 CFR§200.305 including,but not limited to,providing reasonable assurance that(1)drawdowns
of federal cash are only for immediate cash needs;and(2)payments to subrecipients are limited to
immediate cash needs.
0
Special Condition 2: Prior to its execution,Monroe County must submit to Treasury for review for
compliance with 2 CFR§200.331,a copy of Monroe County's agreement with The Nature 0
Conservancy,its subrecipient.
Special Condition 3: Prior to the execution of all Nature Conservancy subrecipient agreements for
this project,Monroe County must submit to Treasury for review for compliance with 2 CFR§
200.331,copies of The Nature Conservancy's subrecipient agreements with its subrecipients. The
agreements must include SF-424A object class category budgets and a scope of work.
Special Condition 4: Monroe County must submit to Treasury for review evidence that all permits
2
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PAGE 3 of 3 DATEISSUED
NOTICE OF AWARD (Continuation Sheet) 10111
GRANT NO. 1 RDCGR1 70068-01-00
required for activities funded under this award are obtained and that all compliance requirements are
met prior to the outplanting of coral. 31
Special Condition 5: An ASAP Maximum Draw Limit of$1.00 is in place for this award. The
maximum draw limit may be adjusted or removed following the satisfaction of Special Award U)
Conditions 2,3,and 4. r-
0
Special Condition 6: Within 180 days of the project periods date of this award,Monroe County
must submit to Treasury evidence,satisfactory to Treasury,that Monroe County maintains written
policies and procedures for: z
X
(1) Disclosing in writing any potential conflict of interest to the federal awarding agency and 0
0
disclosing all violations involving fraud,bribery,or gratuity violations potentially affecting a federal
award to the federal awarding agency as required by 2 CFR§§200.112 and 200.113.
(2) Addressing the requirements of 2 CFR§§ 200,318-200.325 and Appendix 11 to Part 200-- cm
Contract Provisions for Non-Federal Entity Contracts under federal Awards.
0
4-
(3) Reconciling the SF-425 to supporting financial data,performing management review of the SF- <
425 report prior to submittal to the federal awarding agency,submitting performance reports at the z
required interval,and determining the conditions in which an interim reporting of significant
developments would be prepared and submitted to the federal awarding agency. z
(4) Safeguarding personally identifiable information(Pit),
(5) Defining and identifying Allowable Costs as required by 2 CFR§200.403.
E
(6) Defining,tracking,or reporting Direct and Indirect Costs as required by 2 CFR§ 200.403 and
200,412. cm
(7) Meeting the requirements of 2 CFR§200.331,including but not limited to awarding grant funds
to subrecipients;monitoring subrecipients;modifying subawards;providing training and technical CL
assistance to subrecipients;enforcing actions for subrecipient noncompliance;evaluating r➢sk of E5
subrecipient noncompliance with statutes,regulations,and terms and conditions of the subaward;and
performing site reviews of subrecipient program operations.
0
0
0
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AWARD ATTACHMENTS
Monroe County Board of County Commissioners 1 RDCGR170068-01-00
1.Approved Scope of Work
2. RESTORE ACT Standard Terms and Conditions--August 2017
U)
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0
0
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U)
APPROVED SCOPE OF WORK
The Approved Scope of Work includes all information provided with the grant application. The
attached documents,taken from the grant application, provide a summary of the scope of work
approved with this grant award.
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t RESTORE Act Direct Component Application Narrative OMB Number
Department of the Treasury 1505-0250
The Direct Component Funding Opportunity Announcements describe In detail the content and information required for your narrative.Please
refer to the relevant Funding Opportunity Announcement when completing this form.
GENERAL INFORMATION:
Applicant Name:
POC Name:• Caillin LuSUC
POC Tide:• South Florida Marine Conservation Manager
Point or Contact(POC)for Ibis Application: - 4)
POC Entail:• cluslic@Lnc org U)
POC Phone:• (305)872-7071 O
Descriptive Title ar Applicant's Projecu(refer la SF 424)• Coral Reef Restoration for Environmental and Economic Enhancement of
the Florida Keys
Coral Reef Restoration for Environmental and Economic Enhancement of
Activhy Title from Multiyear Plan Metric Column R6• the Florida Keys z
Funding Opportunity Announcements: GR-RDC-17-W6 x
A.STATUTORY QUESTIONS O
l�
Select Primary Activity
Qualifying Eligible Activity ISefect Ail Others Thar Applyj
.. 1.Resturation and prolrrtian of the natural resources.ecosystems,fisheries,
marine and wildfire habitats,bcaches and coastal wetlands of the Gull'Coml
Activity I Region
O
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Activity 2 �Elli Mitigation of damage to fish,wildfire and natural resources
r 3.Implementation of a federally approved marine,coastal,or (�
Activity3 El comprehensiveconservation management plan,Including fisheries
monitoring
r
Activity 4 4.Workforce development and jab creation
tm
1.Qualifying eligible activity:Please select the primary eligible r E]IS.Improvements to or on State parks located in coasul areas affected by the E
activity In the first column,and select all other ellglble Activity 5 Deepwoter Ilorizon all spill
activities that apply In the second column.
r 6.Infrastructure projects bencfliting the economy or ecological resources,
Activity 6 Including port Infrastructure tm
2D
7.Coastal flood protection and related Inrrastrocture a�
Activity 7
r
Activity 8 s.Planning assistance
O
r 9.Promotion ar tourism in the Gulf Coast Region,Including recreational f,
Activity 4 E1111shing
O
tm
r t0.Promotion the consumption of seafood harvested from the Calf Cowl li O
Activity 10 Region
2.Was this proposed activity included in any claim for compensation
paid out by the Oil Spill Liability Trust Fund after July 6,20127 r Ycs r No
If"Yes,"this activity is not eligible for a Direct Component grant. Cy
Location: Florida Keys
3.Location Cilyfrown:
(a)Please provide the actual location for the activity as
street address,nearest intersection,or note boundaries County/Parish: Monroe
on a submitted map.If there is more than one location
for the activity,attach a list of the additional Iocations, State:
city/town,county/parish,stale,and zip coda FLORIDA
Zip code: 33040
(b)Describe how the proposed activity will he carried out in the Gulf
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Coast Region as defined In 31 CFR 34.2.Attach a map to support your All of the work will occur within Monroe County
response.
DISCUSSION OF SPECIFIC ACTIVITY
IF APPLICABLE,PLEASE FOLLOW SPECIFIC DIRECTIONS FOR NON-FEDERAL SHARE OF ANOTHER FEDERALLY FUNDED
ACTIVITY and ACTIVITIES APPROVED PRIOR TO JULY 6,2012 IN THE DIRECT COMPONENT APPLICATION GUIDANCE.
1.Proposed Scope of Work
(a)Directions.Provide a detailed scope of work that fully describes the project or program for which funding Is requested,Including-
-Need,purpose,and objectives; 31
0
Need:The reef system in the Florida Keys is the largest living coral reef in the Continental United States.Coral rcefarm provide critical nursery and
feeding habitat far an ahurkdance or ecologically and economically valuable sea life.Coral reefs buffer adjaccinshorclines Frnm wave action and prevent
erosion,propcny damage and loss of life.Reefs also protect the highly productive wetlands along the crast.The reef system in the Florida Keys has been
in decline for decades,,with no significant impruvcnmnt in live Loral cover or health observed.Active restoration is a proven technique to help jump-start U)
recovery of the reefs,Purpose:The primary purpose of this project is to restore degraded reefs in the Florida Keys through ouiplanting of nursery-reared. r_
corals.A healthy,vibrant reef is critical to the continuation of the unique ecosystems of the Florida Keys.Objectives:RESTORE Act objectives to be 0
addressed by this pivjeu include those related to environmental improvements and tourism promotion.Environmental objectives:Increase live coral cover,
increase the populations of fed crally threatened coral species,restore important habitat for fish,invertebrates,sea turtles;improve long-term outlook as
oulplatued corals contribute to the rcInoductive potential of each species,Economic development objectives:Improve recreational and tourism value of
Monroe CaumyAs reefs Community resilience objectives:Increase the health or Monroe CounlyAs reefs,which serve as a first line of defense ror the
shoreline by breaking waves offshore Education objectives:Make more tourists and locals aware of the cost of the continual degradation or the reef Z
symcm,and increase awareness of the imptirtance of this work
x
How the project/program meets the Identified primary activity designated In Al; 0
0
Description:The Coral Reef Restoration protect will grow staghorn coral in undersea nurseries located throughout the Florida Keys and boulder corals in a
land-based nursery on Summerland Key.The coral will then be oulplamed on reefs where they will kick-start reproduction and reef recovery for the future
Approximately 20,000 staghom and elkhorn corals of varying sizes will be outplanicd on reefs between Key Largo and Key West.A subset of these will be
part of value-added scientific research to help increase the pace and efficiency cat future restoration activilics.An additional 4,850 small boulder corals will 4)
rcswm dead coral heads using an innovative AreskinningA technology.Staghorn and boulder coral restoration efforts will be designed to encourage the
restored corals to reprodum on their own and rested both msaircd and adjacent reefs.The outplantcd corals will begin to spawn and contribute to the
reseeding ol'sunroundingrecta.The methods used in project seek long-term recovery of these habitats through self-sustaining populations,Outplanking is 0
designed to promote natural ecosystem promses,such as recruitment oftccWcpcndcnt fish and invertebrates and reef accreflon,to occur naturally and to 4-
continue after the project ends.More prolific:reefs enhance the restoration and protection of the KcysA natural resource,ecosystems,fisheries,marine and
wildlife habitats,and coastal wetlands,
I Z
Specific Wks,milestones and related thrieframes(also captured in Milestones Report);and U_
The timeline may vary(or each region depending on their cun-cra nursery stock.The first step in the project will be do identify potential oulphinting sites Z
and modify permits,if necessary,to include those sites.Outplanting could start as soon as the subawards with Farmers and may be completed in one event
or spread over multiple years.Monitoring of nutplant sites will occur following ociplanfing at 2-3 occasions over the first year after nuiplarsing,as
required by permits.Maintenance of the nurseries will begin as soon as subawards arc completed and will continue throughout the project,as will reporting
on the progress of the project.
-Description or all funding sources Included an the SP424
Funding Sources Most of the funding will he passed from TNC losubawardecA who will manage the nurseries and nuiplaming throughout Monroe E
County.A small portion of the funding will pay for the salary and benefits ofTNCAs project manager,travel for the project manager to perform biannual
visits to each nursery.and development of a one-page document to help with educating the public:about the project.TNC has committed$40,000 in cash
leverage which will cover the additional salary and benefits needed to cover the project managerAs time.In addition,the subawardecs have committed
S200,ODO in in-kind leverage
Projects designed to protect or restore natural resources must be hand on best available science.Include a description of the methods to be used
to achieve the protection or restoration objeclive(a).(Also complete Question B.6.)
91
Monitoring of the reefs within die Florida Keys National Marine Sanctuary over The past 20 yeanishuws a documented and quantified decline of stony
coral cover and species diversity,From 1996 through 2011„the Coral Reef Evaluation and Monitoring Program(CREMP)recorded a 47%decline in stony
corals,and documented on signs of successful rccTuiuwnt at the monitoring sitc.q.This project will grow siaghorn coral(Actropord cervicornis)in in-water
nurseries located throughout the Keys,and star corals(a type of boulder coral)in land-bascd facilities on Summerland Key,The corals will then be
nuiplaracd to degraded rcefi%where they will contribute to reproduction and recovery of the rccfq.The nurseries have been mucked in two ways:1)taking
small fragments of tissue from healthy wild colonies;and 2),collecting Afragincins of opportunity:%or pieces of coral that am unlikely to survive where
they arc either because they have broken from their bases and cannot reattach or arc attached to a dead or discued base.The fragments have since been
grown out in the nurseries and fragmented to create hundreds of clones of each gcocuL strain.Corals of many genetic suain s a rc oulplanted at each 0
restored reef to help encourage successful sexual reproduction.The focus(if this project is sLaShorn Wral and boulder corals from the genus Mormismen
(star corals)fur two reasons First,these cand species are very important to the reef system.They are generally considered some or the more important
reef-builders.Soughurn coral provides a great deal or framework that serves as shelter for fish and Invertebrates.Boulder curals grow into massive coral 0
heads that hold the rceftogcthcr SLnghorn coral was listed as threatened under the Endangcrcd Species Act in 2006 and several species of star coral were C:
added in 2014.Second,work with these species has been through an extensive Alessibility studyA period beginning in 2004,The National Oceanic and 0
Atmospheric Administration iNOAA)funded scientists and practitioners with The Nature Conservancy and partner organizations including Mote Marine 2
Laboratory,Florida Fish and Wildlife Conservation Commission,and Coral Restoration Foundation to begin growing corals at in-water nurseries 4i
throughout the Florida Keys.The in-water nurseries currently hold upwards i,150,0ffl corals,and fragments have been ouiplamcd to over 65 reefs in the
Keys.Over the past 6 years,scientists at Mote have been developing techniques for propagating and outplanting boulder corals.which grow much more
slowly.The technique of AmiLTki-fragmcnihil;A,or fioifuckidy fragmenting corals into tiny pieces,encourages faster growth rates as the coral herds. E
Fragments of the same genetic strain grown next to cach other will fuse when their tissues touchiporsman) It has recently been documcni ted that the corals
are spawning at a certain lime rdthcr than a ccrtain age as previously believed,this means that multjp�,e fragments can be fused to uncate a reproducLively
active Coral in a much shorter thrieframe than if coral was raised from one individual fragment Survivorship rates at the outplant sites arc generally
above 80%in the first year,at which time larger caxkds could have already spawned on the reef Additionally,many of the partner organizations have
documented their oulplanis spawning on the reef The expertise and knowledge gained in date has been tormalized into a Caribbean Arropura Restoration
Guide:Best Practices for Propaginkat and Population Enhancement(Johnson ct al.,2011),a document That compiles the lessons learned from practitioners
in Florida and throughout the Caribbean over the past 15 years or%taghorn restoration work Additionally,the Recovery Plan for itaphinn and elkhom
coral was released in 2015 and[1543 LMl TC310ndion as an important tool to help recover the species and dclist them from the Endangered Species Act
(National Marine Fisheries Service,2015).
(b)If the proposed project is part of a larger project outside the scope or this application,describe the larger project and the proposed project's
relationship to IL
This project is pan of a larger on-going program*f carat restoration throughout the entire Florida Reel Tract.This program was established in 2009 under
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the American Recovery and Reinvestment Act(ARRA).Each partner now works independently but as part of the larger consortium,and funding has been
secured at varying levels in each region,
2.Budget Justification(See OMB Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards)
Directions:Explain in detail haw the proposed budget supports the proposed scope or work.The budget Justification should relate each budget
category listed in the SF424A and SF424C to the specific tasks discussed in the response to Bl.Provide specific justification for ALL budget
categories that apply,including an explanation of the necessity,allowability,reasonableness,and allocability of proposed costs.Please refer to the
relevant Funding Opportunity Announcement for descriptions of the budget categories.
Total Restore Budget:$469,330.06(Direct]and$108,978.44(Induced Total Leverage:5240,000 Salanas S13,895.04(Dirct:t)and S23,187.33(TNC
leverage)Benefits:$5,558.02(Dine+;),and S9„274.93(TNC Ievctage,X The RESTORE funding combined with the trash leverage i'eom TNC will pay a
portion of the salary and fringe benefits for the projept t manager over a 3-year period which is approximately 221*hTE per year.TNCs federally approved O
fringe benefit rate is 40%of total regular salaries through June 30,2018.TNC will not charge more than our federally approved Binge hcncGt rate each
year of the project.The project manager will manage the grant which includes insuring we stay within budget,assisting with preparation and management
of subrecipient agreements in addition la biannual site visits with each subawardec,and managing the scope of work,The project manager will be working
with Monroe County In keep them informed of the status of the project during the three-year period.It 15 our understanding that the reporting and U)
management needs far this grant could be lime consuming therefore,based on our experience with the American Recovery and Reinvestment Act,the time
for the project manager has been budgeted accordingly.Travel:$567.00(Direct)RESTORE funding will pay for mileage so the prrrject manager may visit O
each subawardee biannually from the TNC Big Pine Key office and conduct any other project,related travel during the 3-year project.TNC will charge the
federally approved mileage rate corresponding to each year of the grave for mileage of our TNC-owned vehicle Other:$100,00(Ducar;[)Public education
and outreach is an important part of what TNC and our partners do.Some minimal RESTORE funding has been set aside ku develop and print brochures
about the work(and recognize the funding source)to be used for public outreach events throughout the Keys,Contractual(Subawards):$449,210,00
(Direct)and$200.000.00(ant Party leverage)Most of the funding will he passed from TNC to three subn:cipicnts who will complete the restoration work.
A breakdown of the subrecipicnis,amount of RESTORE funding and 3rd party is-kind leverage is outlined below:A Coral Restoration Foundation will
receive S143,747 to oulplant a total or4,500 large staghorn corals and they will donate a LOU]of 1500 colonies to the Lower and Middle Keys nurseries as
3rd party in-kind leverage.The value of the donated colonies is$60,000,A Florida Fish and Wildlife Conservation Commission will receive$80,858 to 0
outplam a Iota]of 2,500 corals and conduct value-added research in conjunction with that implanting to help advance the science of restorati+on.FWC will 'a
commit$40.000 in 3rd party in-kind leverage in the foam of salaries and benefits for the staff working on the project,A Mote Marine I.Abonuory will
receive$224,605 to outplattt a total Of 13.000 staghorn and elkhorn corals of varying sizes and 4,850 boulder corals,and will provide S I00.000 in in-kind
leverage.Indirect charged @ 23 22%proposed FY19 rate:S108.978.44 Mimi)and$7,537,74(TNC leverage)Our budget includes our approved FY19
NICRA with uar cugnia&mt agency,U.S.Department of Interior at 23.31%on all direct and leverage costs beginning July 1,2017 through June 30,20IS. cm
TNC will not charge more than our federally approved NICRA each year of this project.
3.The Applicant's Selection and Oversight or Contractors,if applicable
Directions:Indicate If the applicant plans to contract not any work described under the Budget Justification(see B2)Including construction.If so,
the applicant must describe the following:
(a)For Stale applicants:
f.3
-Nature of the work to be contracted out and the expected number of contracts 10 be awarded;
-Stale procurement method(s)that will be used for the procurement or the contractor(s);and
tm
-Applicant's plan for monitoring contractor performance and compliance
If a contractor already has been selected.also include the following:
-Name or each contractor;
-DUNS number of each contractor,
-Date The applicant executed each contract;and
-Amount of each contract award. O
(b)For non-Stale applicants:
-Nature of the work to be contracted out and the expected number or contracts to be awarded;
O
f.3
-Procurement method(s)allowable under 2 CFR 200.320 that will he used for the procurement of the contractor(s); 0
O
-Justification under 2 CFR 200.320O rar sole source procurement,if applicable;and O
-Applicant's plan for monitoring contractor performance and compliance.
If a contractor already has been selected,also Include the following: C
-Name or each contractor;
-DUNS number of each contractor;
-Date the applicant executed each contract;
-Amount of each contract award;
-Procurement method allowable under 2 CFR 200.320 that was used for the procurement of each contract;
•Description of the procurement process,as Implemented;and
-Justification under 2 CFR 200.320(n for sale source procurement,if applicable.
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4.The Applicant's Selection and Oversight or subreciplenLs and Inclusion of Special Provisions relating to Subawards,it Applicable
Directions:indicate whether the applicant plans to issue subawards for activities proposed in this application.if so,the applicant must provide
ALL of the following-
-Description of how the applicant selected or plans to select subrecipienl(s);
The County selected the sub-recipients through the MYIP process
-Description of the applicant's subrecipient monitoring and management plan that implements the requirements for pass through entities at 2
CFR 200.331;and
The County will work with cacti subrecipient to prepare a monitoring and management plan that implements the requirements for pass-through entities at 2
CFR 200,331.The Count will work with the Fiorida Keys Water Quality Protection Pro
y y Q y gram Steering Cummiucc which is responsible fur setting
guidance and policy for the development and implementation water quality programs In oversee and monitor the progress of the suhrccipicnls
U)
-The means by which the applicant will assess each subredpieni's level of risk and monitor each subrecipient's progress,including any required r_
reports. U
The County will work with each subrecipient to prepare a monitoring plan in track the progre;as of the projects.The Nature Conservancy received an
annual Single Audit per Uniform Guidance.Their last audit dated June 30,2016 they were a"low nsk auditce".They are waiting for their audit to be
completed through June 30,2017 but will supply a copy to us.
If a suhredplent already has been selected,also include the following:
-Name of each subred XpEenl; O
-DUNS number of each subreciplent: O
-Date the applicant selected each subreciplent;and
-Amount of funds to he provided to each subreciplent.
Subrecipicnl:The Nature Conservancy DUNS number:072656630 Date the applicant was selected;February 18,2015 Amount of funds In be provided.
S578,308.50 cm
c
S.Public Input for this Proposed Activity
O
Directions:Describe how the applicant considered the meaningful public input from individuals,businesses,Indian tribes,and nonprofit
organizations relating to this proposed project,including input received during the preparation or the Multiyear Plum
Monroe County effectuated a broad public input process to determine the selection of projects included in this MYIP.The projects ultimately selected.and
represented in the MYIP.were those highest ranked by the Csalmly's RESTORE Act Local Advisory Committee(a wide-ranging stakeholder group
consisting of busmrss-owners,environmentalist organizations,fishermen,and scientists appointed by the County Commission and the
CummissiunslCouneils of cash of the six municipalities within Monroe County.)The three highest ranked projects were then subsequently reviewed and
approved by the Board of County Commissioners.There was a broad solicitation of applications,and all project applications received were posted on the
County wchsilc for public review,The evaluation and ranking of all projects look place in open,public,and nnticed meetings.All evaluation,project
scores,and ranking information was(and remains)pasted on the Counly's RESTORE Act web page.The Local Advisory Committee met several times,
and the County's RESTORE Act activities are regularly reported at County Commission meetings„The local media also regularly covers Mnronc's
on-going RESTORE Act activities Specifically related to the requirement to ensure meaningful public comment on the MYiP.
6.Best Available Science,if applicable E
Directions:if the answer to the fallowing question Is"yes"complete this section.Is the proposed activity designed to
Yas
protect or restore natural resourroes7 No
The RESTORE Act requires activities designed to protect or restore natural resources to be based on the"best available science,"which Is
defined in the Act as science that(a)maximizes the quality,objectivity,and integrity of informalion,including statistical Informalion;(b)uses t®
peer-reviewed and publicly available data;and(c)clearly documents risks and uncertainties in the scientillc basis for such projects. QJ
91
The applicant must make a determination that a project designed to protect or restore natural resources Is based on the best available science.In O
order to support this determination,the applicant must clearly state the protection or restoration objective(s)or the project,describe the methods
that will be used to achieve the objective(s),and explain how these methods are based on best available science.The response must be sufficiently
detailed for Treasury to evaluate the reasonableness or the applicant's determination that the project is based on best available science.In
addressing the three-pronged lest in the definition of"best available science,"the applicant must cite,when available,peer-reviewed,objective,
methodologically sound Iiterature sources that support the conclusion that the proposed scope of work is an effective way to achieve the staled
objectives.
The objectives of this project are to I)restore the ecosystem services on a reef through direct oulplanting grnurscry-raised corals,and 2)restore breeding O
(.3
populations to help jumpslan natural reef recovery.The proposed objectives are supported in the Acropora Recovery Plan,a document developed to guide
the National Oceanic and Atmoshperic Adminstration(NOAA)and other federal agencies in actions that could lead to eventual delisting of the species O
(National Marine Fisheries Service.2015).htlps:llwww.corps.naaa.govlaclivilicslclkhornlccovery_ilant While a similar document does not yet exist for
boulder coral species,NOAA has voiced their support for restoration by streamlining the permitting process as part of the listing of those species which arc
currently being propagated in labs and nurseries throughout Monroe County.
For each literature source died,the applicant must provide sufficient citations,Including:
-Title;
-Journal in which the literature source appeared,if applicable; O
-Publication date.
-Author(a);and
•Web address if downloaded or available online.
Forsman ZH,Page CA,Toonen R),and Vaughan D(2015)Growing cord]larger and faster micro-colony-fusion as a strategy for accelerating coral cover,,
PccrJ 3:0313;DO[I0.77171pcerj.1313 Gaergen,E and Gilliam D(2018)Oulplanung technique,host genotype,and site affect the initial success of
outplamcd A ropora ecrvicorois.PeerJ 6:c4433:DOE 10.77171peerj 4433 Herlan 1 and Litman D(2009)Development of a coral nursery program for the
ducalcacd Loral Acrupura cerviernis in Florida.Pries 1 llh Ind Cond Reef Sym 1244-1249 Hunt 1.and Sharp B(2014)Developing a Comprehensive
Strategy for Coral Restoration for Florida.State Wildlife Grant Award T-32-R 1169 Final Report.Available here:
htlpsa'www.st.lamfs.noaa.govlcomlrestoratianlpd]YIfunt%20and%20S[tW 202014.pdf Johnson ME.Gilliam DS,Millcr MW,Lustic CE61-arsen E,
Nedimycr K„Bartels E,Litman D,Schopmcycr S,and Baums IB(2011)Caribbean Acropara Restoration Guide:Best Practices for Propagation and
Population Enhancement.Available hero.hilps://www.con$CrvaLio"galcway org/Fllcs/Pagcs/Caribbean-Acropora-Rcstoratiun•Guide.aspx Lillis A,
Bnhnenslichl D,Peters J.and Eggleston D(2016)Variation in habitat soundscape characteristics influences settlement of a reef-building coral.PeerJ
Page 4 of 7
Packet Pg. 2211
4 c2557.DOI 103717*cri 2557.%4iller M,Lahr K,Camcron C and Williams D(2014)Disease dynamics and potential inifigation among restored and
wild suighorn coral,Acropora cervicorms PecrJ 2:04 1:hllpi://doi.org/10n11"7171pecd 541 Miller MW,Kerr K,and Williams DE(2016)Reef-scale trends
in Florida Acropora spp.abundance and the effects of population enhancement.PccrJ 4:c2523.DOE 10,77174iccii,2523 National Marine Fisheries Service
(2015)Recovery Plan for Elkhorn(Acrupora paimaLa,l and Staghorn(Acropora ccrvicornis)Corals,,Prepared by the Acropora Recovery Team for the
National Marine Fisheries Service,Silver Spring,Maryland.Ncdimycr K,Gaines K,and Roach S(2011)Coral Tree Nursery:An innovative approach to
growing corals in an ocean-hased Field nursery.AACL Bionux,Val,4,Issue 4 Opel A,Cavanaugh C,Raglan R,and Nelson J(2017)The effect of coral
restoration on Caribbean reef Fish communities.Marine Biolngy 164;221,http.%:I/dnt.org/l0/IC07/,%0022'7-017-324"Reef Resilience Network
htip:ilwww.mcfrcsilience.org/resturatinn/projcLir-planninp,(si[c,scicciii3n/SchopmeyerS,Litman D,Baricis E,Gilliam D.Goergen I.Griffin S,Johnson M.
Ludic C.Maxwell K,and Walter C(2017)Regional restoration benchmarks tbr Acropora cervicongis.Coral Reefs,DOI 10,1007/s00338-017-1596-3
Sutherland KP and Ritchie KB(20M)While pox disease of the Quiliblican elkhom coral Acropora palmata,In:Rosenberg F.Laya L(cds.)Coral Health
and Disease.Springer,Verlag,Heidelberg,pp 299-297,Vcgmci)M,Marhaver K.Hui bers C,Nagclkcrkcn 1,Simpson S(20 10)Coral Larvae Move toward
Reef Sounds.PLUS ONE 5(5) c 10660,doiA0.1137 ijoumal.ponc,00 10660 Williams DE and Miller MW(2005)Coral disease outbreak:pattern,prevalence
and transmission in Acropora ccrvicornit Mar Ecol Prog Ser 301:119.129 WiLiams DE and Miller MW 12006)Morphology offers no clues to asexual vs,
sexual origins of small Acrupora ccrvicomis(ScicractinW Acroporidac)colonies.Rev,hiol trap.Vol,54,suppl,3,pp.145-151 Win Ames,Katherine,
'Acropora Habitat Evaluation and Restoration Site Sedation Using a Species Distribution Modeling Approach"(2016),Graduate Theses and Dissertations,
hltp„A1xchnlarLnmmonq uqfcdliJctd/6I58 4)
U)
tm
The applicant must provide written answers to all of the following 0
(Submission of'source materials will not satisfy the requirements for answering this question.)
-A summary of the peer-reviewed information that justifies the proposed objectives,Including methods used for the proposed activity.If
peer-reviewed literature sources are argavalloble.the Applicant must explicitly State this and provide A brief explanation of what alternative
scientific Information sources were used.Ir the Applicant relied an publicly available data,the Applicant must cite the source or the data,the date z
of collection,and the size of the data set.Whenever possible,the Applicant should use publicly available data from sources such as State agencies
and federal agencies,ror example the U.S.Census Bureau,U.S.Fish and Wildlife Service,Environmental Protection Agency,National Oceanic X
and Atmospheric Administration.the Applicant most provide A link to each publicly available dale source use& 0
0
See attached documcru named'Best Available Science Revised"for details associated with this question
-A summary of how the applicant's methods reasonably support and are adaptable to Gulf Coast Region If the information supporting the
proposed activity does not directly pertain to the Gulf Coast Region. 4)
0
All of this wmk was grown from work in Monroe County in the Gulf Coast Region,The project started in Tavernier in the Upper Keys and now Covers the 40
entire County.Most of the pccr,,revicwed literature on the subject of Caribbean staghom restonitian was either based on research conduLled in Florida
alone or on research throughout the Caribbean That included the work in Flutid& 0
4—
•
A summary or an evaluation of uncertainties and risks In achieving the project's best available science objectives over the longer term;, g.,is _J
there an uncertainty or risk that in years the project/program will be obsolete or not function as planned given projections or sea level rise or z
other environmental change such as in freshwater Inflows to estuaries?
U_
The benefits of this project can be observed both in the short-term and in the long-term In the shon*tcrm,outplanted enrols immediately increase live coral U
cover at the site,and recent research shows a rapid change in Fish abundance,richness and community composition at restoration sites(Opel cl al,,2017), z
The outplantcd corals very quickly adhere to the reef and begin 10 provide the AMC CC04YILcm functions an natural 4olonics.Over time,these Corals will
contribute to sexual reproduction and help in reseed other reefs.Additionally,studies arc starling to show that coral 1,'arvac am attracted to reef soundsopes
(Lillis cl al..2016;Vermcij et id,2010),so by attracting invertebrates and fish that are important parts of the merecosy5tcm.we may be encouraging canal
larvae to settle in restored areas.Hurricanes can pose a very real threat to both coral nurseries and restored sites.Hurricanes Irma and Mafia caused
significant damage to portions of the Florida reef tract and throughout the Caribbean A number of the nurseries and restoration sites in Florida sustained
substantial damage The Coral Restoration Consortium heated a webinar in February uded ABuilding Restoration Programs to Withstand Hurricanes:
Lessons Learned from Irma.and MarizA that brought together practitioners from Florida and the Caribbean to sham the impacts of the hurricanes on their E
programs and to discuss-ways to build our programs stronger in the future 0
(hilp:llwww,rccfresilicuct,orglbuilding-rcstoration-programs-lo-withstand-hurricaiics-icssons-icanicd-fmm-inna-and-mafi l'a/).ManyGthCruirscricsand 2
oulplant sites had similar impacts and most of them are unavoidable in the caw are direct hit from a strong hurricane.The main takeaway from the
discussion was that the best way to protect our investments is to spread risk by outplaming to many different reef habitats,duplicating gcnntypcq in more
than one nursery,and maintaining corals on different well-secured nursery structures,all of which have been implemented over the years In Florida.The sm
programs have begun the proccis of rebuilding nursery structures using recovery funds and plan to restock the nurseries this summer using corals from
unimpactcd or less impacted nurseries and by bringing in Corals of opportunity.As the climate changes,scientists can predict some of the likely changes to
coral habitat but not all al'than.By maintaining the diversity that has survived to this point,and by allowing the current AwhirgersA to spawn on the reef
and pass an their genes.we are in effect helping corals to adapt 10 changes.Mute Marine Lab has installed Lin ocean acidification lab that allows them to
manipulate both PH and water temperature to test how certain gcncLiL strains react(Muller.pars Lvmm,,).In the future,this tescarch will likely validate
field observations about which coral strains arc less susceptible to the changes associated with ocean warming and acidification and will inform our work
throughout the Keys,
-A summary or the literature sources*conclusions and any uncertainties or risks In the scientific basis that would apply to the proposed activity, sm
Including any uncertainties or risks that were Idenlined by the public or by a Gulf Coast Ecosystem Restoration Council member.
0
The field of restoration is changing rapidly based on new innovations that make it more successful and efficient.The partners that arc involved in this
project have served as technical advisors on a number or processes including:1)writing The Acropora recovery plan under the Endangered Species Act,2)
development of recommendations to the Florida Kays National Marine Sanctuary for changes to their current management plan to accommodale and 0-
protect important restoration efforts,3)development of restoration science plan for the State of Florida and others to use to Prioritize funding for r_
restoration and research(Hunt and Sharp,2014),4)serving as working group members and chairs on NOAAks newly-formed Coral Restoration 0
Consortium,and 5)hosting and developing content for a Caribbean Coral Restoration Wcbinar Series that encourages collaboration between restoration 2
practitioners and scientists.They have also presented at high-level conferences and workshops as the leaden in the field.Through these avenues,
information about new scicrktr and techniques will he readily available to the project partners;and we will be able to incorporate this into the work in real
time.While the science wittinucs to evolve we have no reason to believe that there are uncertainties in that science that would reader our 4)
work obsolete. E
The changes being made arc those that make the work more cflicicng,less costly,and further scalable.To that end,NOAA is planning a meeting of the
minds between scientists/practitioncrs and engineers to try to develop tools that allow us to oulplant more corals for less cost(NOAA Restoration Center,
pen.comm.).
-----------------
7.Key Personnel
Directions:Key personnel should Include the applicant's Authorizing Official who Is authorized to sign the grant application and award,the
Project Director who is responsible for the project,and the Financial Officer who is responsible for maintaining the accounting and financial
records of the grant The Direct Component Standard Terms and Conditions require the applicant to nollry Treasury If there are any changes in
key personnel.
Authorized Official-Monroe County Mayor,David Ricc Project Director-Legislative Affairs&Grant Actiquisition Director,Lisa Tennyson Financial
Officer-Monroe County Clerk ofCoun,Kevin Madok Subrecciptent Signatory Authority-Temperince Morgan,Executive Director of FL Chapter
Subrecciptcm Project Manager-Caitlin Luslic,South Florida Marine Conservation Manager Subreccipictu Finance-Suqarrne Holmes,Grants Specialist
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S.Consistency with the Applicant's Multiyear Plan
Directions.Describe whether the proposed scope or work differs from the corresponding project/program Identified In the applicant's Multiyear
Plan accepted by Treasury.If no differences exits,make an affirmative statement as to their consistency.
Some minor changes have been made to the scope of work regarding the number of corals that will be outplanted.In the years since this proposal was
originally submitted,data has shown that larger corals tend to be more successful when outplantcd,and tend to spawn after fewer seasons on the rccf.This
is Particularly true far the boulder corals,which spawn at a certain s!7.c rather than age,The change to our proposed numbers reflects the desire to outplant
fewer larger colonies rather than many smaller fragments,
9.Possible Material Risks to Ire pftmezu and Maintain the Proposed Acilvity
Directions.List the possible material risks,mg..operational,legal,regulatory,budgetary,or ecological risks,with a brief discussion of mitigation strategies that >%
the applicant may need to oddrm In order to Implement and/or maintain the proposed activity.If the applicant determines that them are no material risks to 0
Implement and maintain the proposed activity,then put`None'In the Risk column below.
Risk MILICatlan StrstegL.,
Loss of —7 0
U)
corals C
Secure coral.leers closer to the bottom to avoid damage from swaying,check all attachment points of trees and blacks,reattach broken coral 0
due to stormfragments in the nursery or outplams on the reef immediately following damage
damage
Loss of Nursery and outplanicd corals with disease can he culled or handed with epoxy to prevent the spread of disease an an individual colony;corals
M
corals showing signs of disease am not propagated or oulplanted until any signs are Sow.disease impacts are tracked in the nursery and genetic z
due to strains that arc particularly susceptible might not be oulplanlcd while those that are pAWc;ularly hardy may be outplartled more frequently;all
disease nurseries and OULplant sites contain a variety of genetic strains to buffer against losses X
0
Loss of 0
corals Not much can he done 14)directly help coral survive bleaching,but corals are not handled,propagated or outplamcd when they show signs or
due to stress;bleaching is tracked in the nursery and genetic strains that arc particularly susceptible might not be outplaincd while those that am
bleaching
rwdcuiarly hardy may be outplamed more frequently;all nurseries and oulplant tiles contain a variety of genetic strains to buffer against losses
C
INN 4)
CM
10.Permits,Land Acquisition,Construction,and Relocation Assistance M
Directions:Answer the following Items concerning permits,construction,land acquisition,and relocation assistance,If applicable. 0
0
(a)Permits -J
Does the proposed activity require any federal,tribal,slate,or local permits?For potential federal permits needed, <
ar Yes r No
see: z
If yes,list the specific federal,tribal,stage,or local permits required for this project and the status of the permits-
-all maghorn coral restoration work is covered under a Biological Opininn obtained by NOAA's
National Marine Fisheries Service Biological Opinion z
Restoration Center boulder coral work is covered under a Biological Opinion obtained by the Florida Keys National Marine Sanctuary Florida Keys
National Marine Sanctuary-all staghom work is covered by existing FKNMS its,Mote will obtain a pernilt for boulder corgi work Florida Fish and
Wildlife Conservation Commission Special Activities License-all staghom work is covered by existing SAU.Mote will obtain a permit for boulder coral
work
C
(b)Land Acquisition and Construction Activities 0)
EWill land be Improved? r Yes R No
sm
If yea,answer questions I-vl CM
Will land or Interest in land be acquired? Yes No
C
If yes,answer quesillons i-vil
1.What are the legal rights that will be acquired?
Please explain'Other'
If.If an easement,what Is the life of the easement?
C
0
IIL Will the applicant hold title to the land? rN.
Iv.What Is the total acreage of the proposed property interest to be acquired(easement or fee title)? 0
C
0
2
v.Has the applicant obtained a recent certified appralsod of the property?If yes,attach a copy or the appraisal.
qr Y. r N. C
0
A.Has the applicant obtained a recent title opinion or certificate?If yes,attach a copy of the title opinion or E
certificate. r Y., r No
O
vii.Attack a signed statement from the seller(s)that he/she Is a willing seller and has not been coerced into selling or conveying the property <
Interest.
Vill.Attach the legal description of the property and the tax parcel number.
(c)Relocation Assistance
Will the proposed project cause the displacement or any persons,businesses,or farm operations? ry., R No
If yes.as required by Titles 11 and III of the Unlrarm Relocation Assistance and Real Property Acquisition Policies Act or 1970,explain:the
Page 6 of 7
Packet Pg. 2213
N.7.a
number of displaced persons,including businesses and farm operations;what fair and reasonable relocation payments and advisory services will
be provided In any displaced persons;and what provisions will be made to ensure that safe,decent,and sanitary replacement dwellings will be
available to such persons within a reasonable period of time prior to displacement.
According to the Paperwork Redtietfon Ad of 1995,ao persons ass required to respond to a collection of information unless it displays a valid
OMB control number.The valid OMB control number for this Information collection is 1505.025a Comments eoncernin ji the time required to
complete this informatlaa collee8ou,Including the time to review iariructions,so"eslsli data ,,,, ng
need and completing and the collection of Information, aA > he Tr nsu and Office f the data
�, p�ag 8 Ilan,should be directed to the Department of the 7'p reasory,Office of Gulf Coast
Rcstoradon,1500 Pennsylvania Ave.,NW,Washiroon,DC 20220.
U)
r-
0
X
0
0
0
a
a�
f!5
0
0
0
Page 7 of 7
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N.7.a
RESTORE ACT
FINANCIAL ASSISTANCE STANDARD TERMS
AND CONDITIONS AND PROGRAM-SPECIFIC
TERMS AND CONDITIONS
0
0
U.S. Department of the Treasury
0
August 2017
a
a�
..
Packet Pg. 2215
N.7.a
TABLE OF CONTENTS
RESTORE ACT FINANCIAL ASSISTANCE STANDARD TERMS AND CONDITIONS AND PROGRAM-
SPECIFIC TERMS AND CONDITIONS
A PROGRAM-SPECIFIC TERMS AND CONDITIONS-AWARDS UNDER THE DIRECT
COMPONENT..................................................................................................................................2
U)
B PROGRAM-SPECIFIC TERMS AND CONDITIONS-AWARDS UNDER THE CENTERS OF
EXCELLENCE RESEARCH GRANTS PROGRAM........................................................................3
STANDARD TERMS AND CONDITIONS-AWARDS UNDER THE DIRECT COMPONENT AND
AWARDS UNDER THE CENTERS OF EXCELLENCE RESEARCH GRANTS PROGRAM
C FINANCIAL REQUIREMENTS........................................................................................................4
0
D RECIPIENT REPORTING AND AUDIT REQUIREMENTS.............................................................7
E FINANCIAL MANAGEMENT SYSTEM AND INTERNAL CONTROL REQUIREMENTS...............9
F RECORDS RETENTION REQUIREMENTS.............................................................. ............10
G THE FEDERAL GOVERNMENT'S RIGHT TO INSPECT,AUDIT,AND INVESTIGATE..............11
H AWARD DISBURSEMENT............................................................................................................12
I EFFECT OF A GOVERNMENT SHUTDOWN ON DISBURSEMENTS AND THE AVAILABILITY
OF TREASURY PERSONNEL......................................................................................................13
J NOTIFICATIONS AND PRIOR APPROVALS...............................................................................13
K PROPERTY...................................................................................................................................14
a
L AMENDMENTS AND CLOSEOUT................................................................................................Is
M REMEDIES FOR NONCOMPLIANCE...........................................................................................16
NDEBTS........................................................................................................................................... 17
0 NON-DISCRIMINATION REQUIREMENTS.................................................................................. 18
P REQUIREMENT TO CHECK DEBARMENT AND SUSPENSION STATUS OF SUBRECIPIENTS,
CONTRACTORS, SUBCONTRACTORS AND VENDORS..........................................................20
a DRUG FREE WORKPLACE..........................................................................................................20
R LOBBYING RESTRICTIONS.........................................................................................................20
SPROCUREMENT...........................................................................................................................22
T RESEARCH INVOLVING HUMAN SUBJECTS................................................. ......23
U ENVIRONMENTAL REQUIREMENTS......................................... ....23 0
V MISCELLANEOUS REQUIREMENTS AND PROVISIONS
SUPPLEMENTAL STANDARD TERMS AND CONDITIONS-AWARDS UNDER THE DIRECT
COMPONENT FOR ACQUISTION AND IMPROVEMENTS TO REAL PROPERTY
W ACQUISITION AND IMPROVEMENTS TO REAL PROPERTY...................................................34
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N.7.a
RESTORE ACT FINANCIAL ASSISTANCE STANDARD TERMS AND
CONDITIONS AND PROGRAM-SPECIFIC TERMS AND CONDITIONS
PREFACE
The grant agreement is comprised of the following documents: U)
r_
1. A Notice of Award from the Department of the Treasury("Treasury");
2. The RESTORE Act Financial Assistance Standard Terms and Conditions("Standard Terms and
Conditions");
3. The RESTORE Act Financial Assistance Program-Specific Terms and Conditions("Program- z
Specific Terms and Conditions"); X
0
4. The approved application, including all documents,certifications, and assurances that are part of
the approved application;
5. The approved scope of work;
6. The approved budget;and,
0
7. Any special terms and conditions applied by Treasury to the award("Special Award Conditions").
The recipient must comply,and require each of its subrecipients,contractors,and subcontractors U
employed in the completion of the activity,project,or program to comply with all federal statutes,federal
regulations,executive orders(EOs),Office of Management and Budget(OMB)circulars,Standard Terms
and Conditions,Program-Specific Terms and Conditions,and any Special Award Conditions of this
federal financial assistance award("Award"),as applicable, in addition to the certifications and
assurances required at the time of application.This Award is subject to the laws and regulations of the
United States.
Any inconsistency or conflict in Standard Terms and Conditions,Program-Specific Terms and Conditions,
and any Special Award Conditions of this Award will be resolved according to the following order of
precedence:federal laws,federal regulations,applicable notices published in the Federal Register, EOs,
OMB circulars,Treasury's Standard Terms and Conditions, Program-Specific Terms and Conditions,and
any Special Award Conditions.Special Award Conditions may amend or take precedence over Standard
Terms and Conditions and Program-Specific Terms and Conditions.
Some of these Standard Terms and Conditions contain,by reference or substance,a summary of
pertinent federal statutes,federal regulations published in the Federal Register(Fed.Reg.)or Code of
Federal Regulations(C.F.R.), EOs,or OMB circulars. In particular,these Standard Terms and Conditions
incorporate many of the provisions contained in OMB's Uniform Guidance for Grants and Cooperative
Agreements(2 C.F.R.Part 200),which supersedes former OMB Circular A-102(the former grants
management common rule),OMB Circular A-133(single audit requirements),and all former OMB
circulars containing the cost principles for grants and cooperative agreements. To the extent that it is a
summary,such a provision is not in derogation of,or an amendment to, any such statute,regulation, EO,
or OMB circular. Unless a definition is provided here, definitions can be found in the RESTORE Act(Public
Law No. 112-141 (July 6,2012)),Treasury's RESTORE Act regulations(79 Fed. Reg.48039
(Aug. 15, 2014)and 79 Fed. Reg.61236(Oct. 10,2014),codified at 31 C.F.R. Part 34)),and/or 2 C.F.R.
Part 200.
August 2017 Page 1
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N.7.a
A PROGRAM-SPECIFIC TERMS AND CONDITIONS-AWARDS UNDER THE DIRECT
COMPONENT
In addition to all the Standard Terms and Conditions described in Sections C through V of this
document, all Treasury RESTORE Act awards made under the Direct Component include the
following Program-Specific Terms and Conditions in this Section A:
1. Administrative Costs
r_
a. Administrative costs are defined at 31 C.F.R.§34.2.
b. Under no circumstances may the recipient use more than three percent of the
Award funds received for administrative costs.Administrative costs do not
include indirect costs that are identified specifically with,or readily assignable to Z
facilities,as defined in 2 C.F.R. §200.414.Costs bome by subrecipients do not
count toward the three percent cap.
c. Up to 100 percent of program income maybe used to pay for allowable
administrative costs,subject to the three percent cap.
21. Oil Spill Liability Trust Fund
The recipient must not seek any compensation for the approved program or project from
the Oil Spill Liability Trust Fund. If the recipient is authorized to make subawards,the
recipient must not use Direct Component funds to make subawards to fund activities for
which any claim for compensation was filed and paid out by the Oil Spill Liability Trust
Fund after July 6,2012.
a
3. 1 e[ogdies for Noncompliance
a. If Treasury determines that the recipient has expended Direct Component funds
to cover the cost of any ineligible activities,in addition to the remedies available
in Section M of these Standard Terms and Conditions, per 31 C.F.R.§34.804,
Treasury will make no additional payments to the recipient from the Gulf Coast
Restoration Trust Fund(Trust Fund), including no payments from the Trust Fund
for activities, projects,or programs other than Direct Component activities, CL
projects,or programs, until the recipient has either(1)deposited an amount .
equal to the amount expended for the ineligible activities in the Trust Fund„or(2)
Treasury has authorized the recipient to expend an equal amount from the
recipient's own funds for an activity that meets the requirements of the
RESTORE Act.
b. If Treasury determines the recipient has materially violated the terms of this
U
Award,Treasury will make no additional funds available to the recipient from any 0
part of the Trust Fund until the recipient corrects the violation.
r_
0
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August 2017 Page 2
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N.7.a
B PROGRAM-SPECIFIC TERMS AND CONDITIONS-AWARDS UNDER THE CENTERS OF
EXCELLENCE RESEARCH GRANTS PROGRAM
In addition to all the Standard Terms and Conditions described in Sections C through V of this
document,all Treasury RESTORE Act awards under the Centers of Excellence Research Grants
Program include the following Program-Specific Terms and Conditions in this Section B:
1. Allowable Costs 0
U)
r_
In addition to the prohibitions contained in 2 C.F.R. Part 200,Subpart E(Cost Principles), o
the following costs are unallowable unless approved in writing by Treasury:
a. Construction, including the alteration,repair,or rehabilitation of existing
structures.Facilities costs are allowable as indirect costs in a federally approved Z
negotiated indirect cost rate,
b. Acquisition of land or interests in land. 0
2. Notifications
a. If the selection of a Center or Centers of Excellence occurs after the start date of
this Award,the recipient must promptly inform Treasury of the following:
i. Name of the Center of Excellence and the entity selected to administer it,
including the names of member organizations if the entity is a
consortium; U
ii. The DUNS Number of the entity;
iii. Location of the entity;
iv. Discipline or disciplines assigned to the Center of Excellence;
V. Description of the actual public input process undertaken, including a E
summary of any comments received and a description of how they were
addressed;and
vi. The estimated budget for the Center,including the total allocation of
funded dollars for the Center.
b. The recipient must immediately notify Treasury if it anticipates selecting a new
entity or consortium to serve as a Center of Excellence, or making other changes
to the initial selection of Center(s)of Excellence described in the scope of work.
3. Performance Reuorts
0
U
In addition to the reporting requirements in Section D,the recipient must submit an annual
report to the Gulf Coast Ecosystem Restoration Council("Council"), in a form prescribed
by the Council that includes information on subrecipients,subaward amounts, disciplines o
addressed,and any other information required by the Council.When the subrecipient is a
consortium,the annual report must also identify the consortium members.The recipient
must provide a copy of this report to Treasury when it submits the report to the Council,
August 2017 Page 3
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N.7.a
STANDARD TERMS AND CONDITIONS
AWARDS UNDER THE DIRECT COMPONENT AND THE CENTERS OF EXCELLENCE RESEARCH
GRANTS PROGRAM
C FINANCIAL REQUIREMENTS
1. Applicable Regulations
0
This Award is subject to the following federal regulations and requirements.This list is not
exclusive:
a. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards,2 C.F.R. Part 200, Subparts A through F, and any Treasury z
regulations incorporating these requirements. X
b. Treasury's RESTORE Act regulations, 31 C.F.R. Part 34.
c. Govemmentwide Debarment and Suspension,31 C.F.R.Part 19.
d. Govemmentwide Requirements for Drug-Free Workplace,31 C.F.R. Part 20.
e. New Restrictions on Lobbying,31 C.F.R. Part 21.
f. Reporting Subaward and Executive Compensation Information,2 C.F.R. Part
170.
g. Award Term related to Trafficking in Persons,2 C.F.R. Part 175. U
2. Scope of Work
a
The recipient must only use funds obligated and disbursed under this Award for the
purpose of carrying out activities described in the attached approved scope of work.The
recipient must not incur or pay any expenses under this Award for activities not related to
the attached approved scope of work unless Treasury first approves an Award
amendment explicitly modifying the approved scope of work to include those activities.
3. Pedod of Performance:Pre-award Costs
The recipient must use funds obligated and disbursed under this Award only during the
period of performance specified in the Notice of Award,which is the time period during
which the recipient may incur new obligations and costs to cant'out the work authorized
under this Award. The only exception is for costs incurred prior to the effective date of
this Award,which are allowable only if:
U
a. Treasury specifically authorized these costs in writing on or after the issuance
date of this Award;
b. Incurring these costs was necessary for the efficient and timely performance of o
the scope of work;and
c. These costs would have been allowable if incurred after the date of the award.
4. Indirect Costs
a. The recipient may only charge indirect costs to this Award if these costs are
allowable under 2 C.F.R. Part 200,subpart E(Cost Principles).
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b. Indirect costs charged must be consistent with an accepted de minimis rate or
the indirect cost rate agreement negotiated between the recipient and its
cognizant agency(defined as the federal agency that is responsible for
reviewing,negotiating,and approving cost allocation plans or indirect cost
proposals,see 2 C.F.R.§200.19)and must be included in the recipient's budget. 31
c. Unallowable direct costs are not recoverable as indirect costs.
d. The maximum dollar amount of allocable indirect costs charged to this Award
shall be the lesser of. U)
r_
i. The line item amount for the indirect costs contained in the approved
budget, including all budget revisions approved in writing by the
Treasury;or,
ii. The total indirect costs allocable to this Award based on the indirect cost Z
rate approved by a cognizant or oversight federal agency and applicable X
to the period in which the cost was incurred,provided that the rate is
approved on or before the Award end date.
5. Cost Sharitia at Limitations
a. The recipient is not required to contribute any matching funds.
b. The recipient shall not request or receive additional funding beyond what was
included in the approved application for the attached approved scope of work
from any federal or non-federal source without first notifying Treasury. U
$. Program Income °
Any program income(defined at 2 C.F.R.§200.80)generated by the recipient or the
subrecipient during the period of performance of the award or subrecipient agreement„
as applicable,must be included in the approved budget and be used for the purposes as
and under the conditions of these Standard Terms and Conditions and any Special
Award Conditions,i.e.solely to accomplish the approved scope of work.
7. rring-Costs or Obligating Fed1tMJ Funds he Expiration
The recipient must not incur casts or obligate funds under this Award for any purpose
pertaining to the operation of the activity, project,or program beyond the end of the
period of performance.The only costs which are authorized for a period up to 90 days
following the end of the period of performance are those strictly associated with close-out
activities. Close-out activities are normally limited to the preparation of final progress,
financial,and required audit reports unless otherwise approved in writing by Treasury.
Under extraordinary circumstances,and at Treasury's sole discretion,Treasury may
approve the recipient's request for an extension of the 90-day closeout period.
0
8. Tax Refunds
Refunds of taxes paid under the Federal Insurance Contributions Act(FICA)and the
Federal Unemployment Tax Act(FUTA)that are received by the recipient during or after the
period of performance must be refunded or credited to Treasury if these taxes were paid out
of RESTORE Act funds in accordance with 2 C.F.R.Part 200,subpart E(Cost Principles).
The recipient agrees to contact Treasury immediately upon receipt of these refunds.
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9. Subawards
a. If the recipient is permitted to make subawards under this award,the recipient
must execute a legally binding written agreement with the subrecipient.This
agreement must incorporate all the terms and conditions of this Award,including
any Special Award Conditions,and must include the information at 2 C.F.R.§ 31
200.331.The recipient must perform all responsibilities required of a pass-
through entity,as specified in 2 C.F.R. Part 200.
b. The recipient must evaluate and document each subrecipient's risk of
noncompliance with federal statutes,federal regulations,and the terms and o
conditions of the subaward for purposes of determining the appropriate
subrecipient monitoring strategy,as described in 2 C.F.R.§200.331(b).
c. The recipient must monitor the subrecipient's use of federal funds through
reporting,site visits,regular contact,or other means to provide reasonable
assurance that the subrecipient is administering the subaward in compliance with X
the RESTORE Act,Treasury's RESTORE Act regulations,these Standard Terms o
and Conditions, Program-Speck Terms and Conditions,and any Special Award
Conditions,and to ensure that performance goals are achieved.
d. The recipient must provide training and technical assistance to the subrecipient
as necessary.
0
e. The recipient must,in necessary,take appropriate enforcement actions against
non-compliant subrecipients.
f. If lower tier subawards are authorized by Treasury,the recipient must ensure that
a subrecipient who makes a subaward applies the terms and conditions of this
Award,including any Special Award Conditions,to all lower tier subawards,and
that a subrecipient who makes a subaward carries out all the responsibilities of a _
pass-through entity described at 2 C.F.R. Part 200.
g. The recipient must maintain written standards of conduct governing the
performance of its employees involved in executing this Award and E
administration of subawards.
i. No employee, officer,or agent shall participate in the selection, award,or
administration of a subaward supported by federal funds if a real or
apparent conflict of interest would be involved. Such a conflict would
arise when the employee,officer,or agent, any member of his or her
immediate family, his or her partner,or an organization in which he/she
serves as an officer or which employs or is about to employ any of the
parties mentioned in this section, has a financial interest or other interest
in the organization selected or to be selected for a subaward.
ii. The officers,employees,and agents of the recipient shall neither solicit 0
nor accept anything of monetary value from subrecipients.
iii. A recipient may set standards for situations in which the financial interest
is not substantial or the gift is an unsolicited item of nominal value. A
financial interest may include employment,stock ownership,a creditor or
debtor relationship,or prospective employment with the organization
selected or to be selected for a subaward.
iv. The standards of conduct must provide for disciplinary actions to be
applied for violations of such standards by officers,employees,or agents
of the recipient.
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D RECIPIENT REPORTING AND AUDIT REQUIREMENTS
1. Financial Reports
a. The recipient must submit a"Federal Financial Report"(SF-425)on a semi-
annual basis for the periods ending March 31 and September 30(or June 30 and
December 31, if instructed by Treasury),or any portion thereof,unless otherwise
specified in a special award condition. Reports are due no later than 30 days
following the end of each reporting period.A final SF-425 must be submitted
within 90 days after the end of the period of perfonnance. o
b. In the remarks section of each SF-425 submitted,the recipient must describe by
budget category the use of all funds received.
c. The report must be signed by an authorized certifying official who is the
employee authorized by the recipient organization to submit financial data on its
behalf.
d. The recipient must submit all financial reports via http:Ilwww.GrantSolutions.gov,
unless otherwise specified by Treasury in writing.
2.
a. The recipient must submit an SF-PPR("Performance Progress Report"),a
"RESTORE Act Status of Performance Report,"(standard format provided by
Treasury,OMB Approval No. 1505-0250)and an updated"RESTORE Act
Milestones Report,"(standard format provided by Treasury,OMB Approval No.
1505-0250)on a semi-annual basis for the periods ending March 31 and
September 30(or June 30 and December 31,if instructed by Treasury),or any
portion thereof,unless otherwise specified in a Special Award Condition. Reports
are due no later than 30 days following the end of each reporting period,except
the final report,which is due 90 days following the end of the period of
performance.
b. The recipient must submit all performance reports in(a)above,via
http://www.GrantSolutions.gov,unless otherwise specified in writing by Treasury,
and the recipient must complete these reports according to the following
instructions:
a�
i. SF-PPR: In the"performance narrative"attachment(section B of the SF-
PPR),the recipient must provide the following information:
a) In Section B-1:
1) Summarize activities undertaken during the reporting period;
0
2) Summarize any key accomplishments,including milestones 0
completed for the reporting period;
rm
3) List any contracts awarded during the reporting period,along o
with the name of the contractor and its principal,the DUNS
number of the contractor,the value of the contract,the date of
award,a brief description of the services to be provided,and
whether or not local preference was used in the selection of the
contractor;and
4) If the recipient is authorized to make subawards,list any
subawards executed during the reporting period,along with the
name of the entity and its principal, the DUNS number of the
entity,the value of the agreement,the date of award, and a brief
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description of the scope of work.
b) in Section B-2:
1) Indicate if any operational,legal,regulatory,budgetary, and/or
ecological risks,and/or any public controversies,have
materialized. If so,indicate what mitigation strategies have been
undertaken to attenuate these risks or controversies;and
it
2) Summarize any challenges that have impeded the recipient's 0
ability to accomplish the approved scope of work on schedule
and on budget. g,
c) In Section B-3:
Summarize any significant findings or events,including any data
compiled,collected,or created,if applicable.
d) In Section B-4:
Describe any activities to disseminate or publicize results of the activity„
project,or program,including data and its repository and citations for
publications resulting from this Award.
e) In Section B-5:
0
4-
1) Describe all efforts taken to monitor contractor and/or
subrecipient performance,including site visits,during the
reporting period.
2) For subawards,indicate whether the subrecipient submitted Z
an audit to the recipient, and if so, whether the recipient
issued a management decision on any findings;and
3) Describe any other activities or relevant information not already
provided. 0
f) In Section B-6:
Summarize the activities planned for the next reporting period.
ii. "RESTORE Act Status of Performance Report": Instructions are
provided on the report form.
Ill. "RESTORE Act Milestones Report": Instructions are provided on the
report form.
3. Interim Reoortina on Significant DeYeionments per 2 C.F. R,�6 200.328fdl C
a. Events may occur between the scheduled performance reporting dates that have
significant impact upon the activity,project,or program.In such cases,the
recipient must inform Treasury as soon as the following
p ry g types of conditions
become known: o
i. Problems,delays,or adverse conditions which will materially impair the
ability to meet the objective of this Award.This disclosure must include a 0
statement of the action taken,or contemplated,and any assistance
needed to resolve the situation. ca
ii. Favorable developments,which enable meeting time schedules and
objectives sooner or at less cost than anticipated or producing more or
different beneficial results than originally planned.
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N.7.a
b. The recipient must:
i. Promptly provide to Treasury and the Treasury Inspector General a copy
of all state or local inspector general reports,audit reports other than
those prepared under the Single Audit Act,and reports of any other
oversight body, if such report pertains to an award under any RESTORE
Act component,including the Comprehensive Plan Component and Spill
Impact Component.
ii. Immediately notify Treasury and the Treasury Inspector General of any
indication of fraud,waste,abuse,or potentially criminal activity pertaining
to grant funds.
iii. Promptly notify Treasury upon the selection of a contractor or
subrecipient performing work under this Award,and include the name
and DUNS number for the subrecipient or contractor,and the total
amount of the contract or subaward. 0
0
4. Audit Requirements r_
0
CD
The recipient is responsible for complying,and ensuring all subrecipients comply,with all
audit requirements of the Single Audit Act and 2 C.F.R. Part 200 Subpart F---Audit
Requirements.
S. Operational Self-Assessment
The recipient must submit a revised Operational Self-Assessment form no later than June
30th of each calendar year for the duration of this Award.Only one Operational Self-
Assessment must be submitted per recipient per year. In completing the form,the
recipient must note controls or activities that have changed from its previous submission.
The recipient must submit the Operational Self-Assessment electronically to
restore a _tMAIUDLM,unless otherwise specified in writing by Treasury. The form
maybe downloaded at hft
:li _ .tr su . ovfs i /restor -
oes irec 2 Co n ntJ it o onent®pox,
FINANCIAL MANAGEMENT SYSTEM AND INTERNAL CONTROL REQUIREMENTS
t. Recipients that are states must expend and account for Award funds in accordance with
the applicable state laws and procedures for expending and accounting for the state's
own funds. All other recipients must expend and account forAward funds in
accordance with federal laws and procedures. In addition,all recipients'financial
management systems must be sufficient to;
U
a. Permit the preparation of accurate,current, and complete SF-425, SF-PPR,
RESTORE Act Milestones Report„and RESTORE Act Status of Performance
Reports,as well as reporting on subawards„if applicable,and any additional
reports required by any Special Award Conditions;
4j
b. Permit the tracing of funds to a level of expenditures adequate to establish that
such funds have been used in accordance with all applicable federal,state,and
local requirements,including the RESTORE Act,Treasury RESTORE Act
regulations,these Standard Terms and Conditions, Program-Specific Terms and
Conditions,and any Special Award Conditions.
c. Allow for the comparison of actual expenditures with the amount budgeted for
each Award made to the recipient by Treasury under the RESTORE Act.
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N.7.a
d, Identify and track all RESTORE Act awards received and expended by the
assigned grant number,which is the Universal Award ID(as provided by
Treasury),the year the Award was made,the awarding agency(Treasury), and
the program's CFDA title and CFDA number(21.015).
e. Record the source and application of funds for all activities funded by this Award,
as well as all awards,authorizations,obligations,unobligated balances,assets,
expenditures, program income,and interest earned on federal advances,and
allow users to tie these records to source documentation such as cancelled U)
checks,paid bills,payroll and attendance records,contract and subaward
agreements,etc. t 3
f. Ensure effective control over,and accountability for,all federal funds,and all
property and assets acquired with federal funds.The recipient must adequately
safeguard all assets and ensure that they are used solely for authorized Z
purposes. X
2. The recipient must establish written procedures to implement the requirements set forth
in section H below(Award Disbursement),as well as written procedures to determine the
allowability of costs in accordance with 2 C.F.R.Part 200,subpart E(Cost Principles)and
the terms and conditions of this Award.
3. The recipient must establish and maintain effective internal controls over this Award in a
manner that provides reasonable assurance that the recipient is managing this Award in
compliance with the RESTORE Act,Treasury's RESTORE Act regulations,these
Standard Terms and Conditions,Program-Specific Terms and Conditions,and any
Special Award Conditions.These internal controls should be in compliance with guidance U
in"Standards for Intemal Control in the Federal Government"issued by the Comptroller
General of the United States or the"Internal Control Integrated Framework",issued by
the Committee of Sponsoring Organizations of the Treadway Commission(COSO). The
recipient must evaluate and monitor its compliance,and the compliance of any
subrecipients,with the RESTORE Act,Treasury's RESTORE Act regulations,these
Standard Terms and Conditions,Program-Specific Terms and Conditions, and any
Special Award Conditions, and promptly remedy any identified instances of
noncompliance.When and if an instance of noncompliance cannot be remedied by the
recipient,the recipient must promptly report the instance of noncompliance to Treasury
and the Treasury Inspector General,followed by submitting a proposed mitigation plan to
Treasury. CL
C
4. The recipient must take reasonable measures to safeguard protected personally
identifiable information(PI I)consistent with applicable federal,state,and local laws
regarding privacy and obligations of confidentiality. cos
F RECORDS RETENTION REQUIREMENTS o
1. The recipient must retain all records pertinent to this Award for a period of three years,
beginning on a date as described in 2 C.F.R. §200.333. While electronic storage of
records(backed up as appropriate) is preferable,the recipient has the option to store o
records in hardcopy(paper)format. For the purposes of this section,the terra"records"
includes but is not limited to:
a. Copies of all contracts and all documents related to a contract, including the
Request for Proposal(RFP),all proposals/bids received,all meeting minutes or
other documentation of the evaluation and selection of contractors,any disclosed
conflicts of interest regarding a contract,all signed conflict of interest forms,all
conflict of interest and other procurement rules governing a particular contract,
and any bid protests;
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b. Copies of all subawards,including the funding opportunity announcement or
equivalent,all applications received,all meeting minutes or other documentation
of the evaluation and selection of subrecipients,any disclosed conflicts of interest
regarding a subaward,and all signed conflict of interest forms);
c. All documentation of site visits,reports,audits,and other monitoring of
contractors(vendors)and subrecipients);
d. All financial and accounting records,including records of disbursements to
contractors(vendors)and subrecipients,and documentation of the allowability of
Administrative Costs charged to this Award; o
e. All supporting documentation for the performance outcome and other information
reported on the recipient's SF-425s, SF-PPRs,RESTORE Act Milestones
Reports,and RESTORE Act Status of Performance Reports;and Z
f. Any reports,publications,and data sets from any research conducted under this X
Award.
2. If any litigation,claim, investigation,or audit relating to this Award or an activity funded
with Award funds is started before the expiration of the three year period,the records
must be retained until all litigation,claims,investigations,or audit findings involving the
records have been resolved and final action taken.
0
3. If the recipient is authorized to enter into contracts to complete the approved scope of
work,the recipient must include in its legal agreement with the contractor a requirement
that the contractor retain all records in compliance with 2 C.F.R. §200.333.
4. If the recipient is authorized to make subawards,the recipient must include in its legal Z
agreement with the subrecipient a requirement that the subrecipient retain all records in
compliance with 2 C.F.R.§200.333.
3
G THE FEDERAL GOVERNMENT'S RIGHT TO INSPECT,AUDIT,AND INVESTIGATE E
1. Access to Records
a. Treasury,the Treasury Office of Inspector General,and the Government
Accountability Office have the right of timely and unrestricted access to any
documents,papers or other records,including electronic records,of the recipient CL
that are pertinent to this Award,in order to make audits,investigations,
examinations,excerpts,transcripts,and copies of such documents.This right
also includes timely and reasonable access to the recipient's personnel for the
purpose of interview and discussion related to such documents.This right of
access shall continue as long as records are required to be retained.
b. If the recipient is authorized to make subawards,the recipient must include in its o
legal agreement or contract with the subrecipient a requirement that the 0
subrecipient make available to Treasury,the Treasury Office of Inspector
General,and the Government Accountability Office any documents,papers or
0
other records,including electronic records,of the subrecipient,that are pertinent
to this Award, in order to make audits,investigations,examinations,excerpts,
transcripts,and copies of such documents. This right also includes timely and
reasonable access to the subrecipient's personnel for the purpose of interview
and discussion related to such documents.This right of access shall continue as
long as records are required to be retained(see Section F above).
c. If the recipient is authorized to enter into contracts to complete the approved
scope of work,the recipient must include in its contract a requirement that the
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N.7.a
contractor make available to Treasury,the Treasury Office of Inspector General,
and the Government Accountability Office any documents,papers or other
records,including electronic records,of the contractor that are pertinent to this
Award,in order to make audits,investigations,examinations,excerpts,
transcripts,and copies of such documents.This right also includes timely and 31
reasonable access to the contractor's personnel for the purpose of interview and
discussion related to such documents.This right of access shall continue as long
as records are retained(see Section F above).
U)
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0
2. Access to the Recigient's_Sites.
The Treasury,the Treasury Office of Inspector General,and Government Accountability
Office shall have the right during normal business hours to conduct announced and
unannounced onsite and offsite physical visits of recipients and their subrecipients and
contractors corresponding to the duration of their records retention obligation for this 0
Award.
H AWARD DISBURSEMENT
1. Unless otherwise specified in a Special Award Condition,Treasury will make advance
payments under this Award. However, if one of the following occurs,Treasury will
require Award funds to be disbursed on a reimbursement basis either with or without
pre-approval of drawdown requests:(1)Treasury determines that the recipient does
not meet the financial management system standards(see Section E)included in U
these Standard Terms and Conditions, (2) Treasury determines that the recipient has
not established procedures that will minimize the time elapsing between the transfer of
funds and disbursement,or(3) Treasury determines that the recipient is in
noncompliance with the RESTORE Act, Treasury's RESTORE Act regulations,other
pertinent federal statutes,these Standard Terms and Conditions,Program-Specific
Terms and Conditions,and/or any Special Award Conditions,and determines that the
appropriate remedy is to require payment on a reimbursement basis.
2. If reimbursement is used,Treasury may require pre-approval of drawdown requests. If
Treasury requires pre-approval of drawdown requests, Treasury will provide the
recipient with instructions on what billing to submit.Treasury will make payment
within 30 calendar days after receipt of the billing,unless Treasury determines the
request to be improper, in which case payment will not be made.
3. To the extent available,the recipient must disburse funds available from program
income,rebates,refunds,contract settlements,audit recoveries,and interest earned
on such funds before requesting additional cash payments of Award funds.
4. Treasury will use the Department of Treasury's Automated Standard Application for
Payment(ASAP)system to disburse payments of Award funds. In order to receive a,
payments,the recipient must first enroll in ASAP.gov. Treasury creates and funds
account(s)for recipients in ASAP.gov,and recipients access their account(s)online to
request funds. All Award funds will be disbursed electronically using the Automated
Clearing House(ACH)for next day or future day payments only. Awards paid through
ASAP.gov may contain controls or withdrawal limits set by Treasury.
5. Requirements applicable to recipients that are states: Payment methods of state
agencies or instrumentalities must be consistent with Treasury-State agreements under
the Cash Management Improvement Act,31 C.F.R.Part 205"Rules and Procedures for
Efficient Federal-State Funds Transfers,"and Treasury Financial Manual(TFM)4A-2000
Overall Disbursing Rules for All Federal Agencies.
6. Requirements applicable to recipients that are not states:The recipient must minimize
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the time between the transfer of funds from Treasury and the use of the funds by the
recipient. Advance payments to the recipient must be limited to the minimum amounts
needed and be timed to be in accordance with the actual, immediate cash requirements
of the recipient in carrying out the purpose of the approved activity,project,or program.
The timing and amount of advance payments must be as close as is administratively
feasible to the actual disbursements by the parish or county for activity,project,or
program costs and the proportionate share of any allowable indirect costs. Advances
should not be drawn down more than three business days before expenditure.
Advanced funds not disbursed in a timely manner must be promptly returned to
Treasury.The recipient must make timely payment to contractors(vendors)in 0
accordance with the contract provisions.
7. Advances of federal funds must be deposited and maintained in United States
Government-insured interest-bearing accounts whenever possible. The recipient is not z
required to maintain a separate depository account for receiving Award funds. If the
recipient maintains a single depository account where advances are commingled with 0
funds from other sources,the recipient must maintain on its books a separate subaccount
for the Award funds. Consistent with the national goal of expanding opportunities for
women-owned and minority-owned business enterprises,the recipient is encouraged to
ensure fair consideration of women-owned and minority-owned banks(a bank which is
owned at least 50 percent by women or minority group members).
8. The recipient must maintain advances of federal funds in interest bearing accounts,
unless one of the following conditions applies:
a. The recipient receives less than$120,000 in federal awards per year;
b. The best reasonably available interest bearing account would not be expected to z
earn interest in excess of$500 per year on federal cash balances;or
C. The depository would require an average or minimum balance so high that it
would not be feasible within the expected federal and non-federal cash
resources.
9. On an annual basis,the recipient must remit interest earned on federal advance
payments deposited in interest-bearing accounts to the Department of Health and Human
Services,Payment Management System, Rockville,MD 20852.Interest amounts up to
$500 per year may be retained by the recipient and used for administrative costs.
a�
I EFFECT OF A GOVERNMENT SHUTDOWN ON DISBURSEMENTS AND THE AVAILABILITY
OF TREASURY PERSONNEL
In the event of a federal government shutdown,Treasury will issue guidance to the recipient
concerning the expected effects on this Award.
0
J NOTIFICATIONS AND PRIOR APPROVALS
r_
1. b,sMi
In addition to other notifications required under these Standard Terms and Conditions,
the recipient must promptly notify Treasury in writing whenever any of the following is
anticipated or occurs:
a. A vacancy or change to key personnel listed in the application.
b. Any termination of a subaward prior to the expiration of the agreement with the
subrecipient.
c. Except for changes described in(2)below,the recipient may revise the budget
without prior approval. If the recipient alters the budget,the recipient must
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N.7.a
provide a revised budget form (SF-424A or SF-424C,as applicable)to Treasury
as an attachment to the SF-PPR, reflecting all budget revisions from the same
period covered by the SF-PPR.Acceptance of such budget information does not
constitute Treasury's approval of the revised budget.
2. PrlorAnorovals C
M
a. The recipient must obtain prior written approval from Treasury whenever any of
the following actions is anticipated:
i. A change in the scope or the objective of the activity, project, or
program(even if there is no associated budget revision requiring
prior written approval);
ii. A need to extend the period of performance; z
iii. A need for additional federal funds to complete the activity, project, 0
or program;
iv. The transfer of funds among direct cost categories or programs,
functions,and activities if this Award exceeds the Simplified
Acquisition Threshold(defined at 2 C.F.R.§200.88)and the
cumulative amount of such transfers exceeds or is expected to
exceed 10 percent of the total budget as last approved by Treasury;
V. The subawarding,transferring or contracting out of any work under
this Award(this provision does not apply to the acquisition of
supplies, material,equipment or general support services), unless U
described in the application and approved in this Award.;
vi. Any transfer between the non-construction and construction
activities;and
vii. The inclusion of costs that require prior approval in accordance with 0
2 C.F.R. Part 200, Subpart E—Cost Principles, unless described in E
the application and approved in this Award.
b. If requesting a no-cost extension to this Award,the request must be made no
less than 30 days prior to the end of the period of performance for this Award.
Any extension of the period of performance requires prior written approval from CL
Treasury. .5
PROPERTY
1. General Reauirements
a. The recipient must comply with the property standards at 2 C.F.R.§200.310
through§200.316 for real property,equipment,supplies, and intangible
0
property. The recipient must also comply with the RESTORE Act requirements
concerning the acquisition of land and interests in land at 31 C.F.R. §34.803. o
b. No real property or interest in real property may be acquired under this Award
unless authorized in the approved scope of work. 0
2. 5uoojjg;�and Eauloment
a. Requirements that are applicable to recipients that are states:
1. Equipment: The recipient must use,manage,and dispose of equipment
acquired under this Award in accordance with state laws and
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N.7.a
procedures.
ii. Supplies: If the recipient has a residual inventory of unused supplies
exceeding$5,000 in total aggregate value upon termination or
completion of the activity, project,or program and the supplies are not
needed for any other federal award,the recipient must report the value
and the retention or sale of such supplies by submitting to Treasury a
completed SF-428 Tangible Personal Property Report and SF-428-B
Final Report Form no later than 60 days after the end of the Period of
Performance.
0
b. Requirements that are applicable to recipients that are not states:
i. Equipment and Supplies: During the period of performance,the z
recipient must seek disposition instructions from Treasury for
equipment and/or unused or residual supplies acquired under this Award 0
if the current fair market value of the equipment andlor unused or
residual supplies is greater than$5,000 per unit.The recipient must
seek disposition instructions before disposing of the property by
submitting a completed SF-428 Tangible Personal Property Report
and SF-428-C Disposition Request/Report. Not later than 60 days
after the end of the period of performance,the recipient must submit
to Treasury a completed SF-428 Tangible Personal Property Report
and SF-428-B Final Report Form if the recipient retains any
equipment with a current fair market value greater than$5,000 per unit
or a residual inventory of unused supplies exceeding$5,000 in total t3
aggregate value upon termination or completion of the activity, project,
or program and the equipment and/or supplies are not needed for
any other federal award.
L AMENDMENTS AND CLOSEOUT
1. Amendments
a. The terms of this Award may be amended with the written approval of the
recipient and Treasury.
b. Treasury reserves the right to amend the terms of this Award if required by
federal law or regulation.
c. Amendments must be requested in writing,and must include an explanation for
the reason this Award should be amended.
0
2. but
a. Treasury will close out this Award when it determines that all applicable
administrative actions and all required work of this Award have been completed. o
Within 90 calendar days after the end of the period of performance,the recipient
must submit any outstanding SF-PPR and RESTORE Act Status of Performance
reports,as well as the required reporting on subawards, if applicable, plus a final
SF-425 report, unless the recipient requests,and Treasury approves,an
extension.
b. The recipient must liquidate all obligations incurred under this Award not later
than 90 calendar days after the end of the period of performance, unless the
recipient requests,and Treasury approves,an extension.
c. The recipient must promptiy refund any balances of unobligated cash that
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Treasury paid.
d. Within 90 days after receipt of reports in paragraph(a)of this section,Treasury
will make upward or downward adjustments to the allowable costs,and then
make prompt payment to the recipient for allowable,unreimbursed costs.
f. The closeout of this Award does not affect any of the following:
i. The right of Treasury to disallow costs and recover funds on the basis of
a later audit or other review;
U)
ii. The obligation of the recipient to return any funds due as a result of
later refunds,corrections,or other transactions including final indirect
cost rate adjustments;
iii. The recipient's obligations regarding audits,property management and
disposition(if applicable),and records retention. z
x
0
M REMEDIES FOR NONCOMPLIANCE
1. If Treasury determines that the recipient has failed to comply with the RESTORE Act,
Treasury's RESTORE Act regulations,these Standard Terms and Conditions, Program-
Speck Terms and Conditions,or any Special Award Conditions,Treasury may take any
of the following actions(in addition to the remedies in Section A.3,above,applicable to
Direct Component awards):
a. Impose additional Special Award Conditions such as:
I. Allowing payment only on a reimbursement basis,with pre-approval of U
drawdown requests,
ii. Requiring additional reporting or more frequent submission of the SF-
426,SF-PPR,or RESTORE Act Status of Performance Report,
iii. Requiring additional activity,project,or program monitoring,
iv. Requiring the recipient or one or more of its subrecipients to obtain
technical or management assistance,and/or
V. Establishing additional actions that require prior approval;
b. Temporarily withhold payments pending correction of the noncompliance; CL
c. Disallow from funding from this Award all or part of the cost of the activity or
action not in compliance;
d. Wholly or partly suspend or terminate this Award;
e. Withhold additional Awards;and/or
0
f. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part
180.
0
Treasury will notify the recipient in writing of Treasury's proposed determination that an
instance of noncompliance has occurred,provide details regarding the instance of
noncompliance,and indicate the remedy that Treasury proposes to pursue. The recipient
will have 30 calendar days to respond and provide information and documentation
contesting Treasury's proposed determination or suggesting an alternative remedy.
Treasury will consider any and all information provided by the recipient and issue a final
determination in writing,which will state Treasury's final findings regarding
noncompliance and the remedy to be imposed.
2. In extraordinary circumstances,Treasury may require that any of the remedies above
take effect immediately upon notice in writing to the recipient.In such cases,the recipient
may contest Treasury's determination or suggest an alternative remedy in writing to
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Treasury,and Treasury will issue a final determination.
3. Instead of,or in addition to,the remedies listed above,Treasury may refer the
noncompliance to the Treasury Office of Inspector General for investigation or audit.
Treasury will refer all allegations of fraud,waste,or abuse to the Treasury Inspector
General. 31
4. Treasury may terminate this Award in accordance with 2 C.F.R.§200.339. Requests for
termination by the recipient must also be in accordance with 2 C.F.R.§200.339. Such
requests must be in writing and must include the reasons for such termination,the U)
effective date,and in the case of partial termination,the portion to be terminated. If 0
Treasury determines that the remaining portion of this Award will not accomplish the
purpose of this Award,Treasury may terminate this Award in its entirety.
5. If this Award is terminated,Treasury will update or notify any relevant govemment-wide Z
systems or entities of any indications of poor performance as required by 41 U.S.C.§
417b and 31 U.S.C.§3321 and implementing guidance at 2 C.F.R. Part 180. 0
0
6. Costs that result from obligations incurred by the recipient during a suspension or after
termination are not allowable unless Treasury expressly authorizes them in the notice of
suspension or termination or subsequently.However,costs during suspension or after
termination are allowable if. (1)the costs result from obligations which were properly
incurred by the recipient before the effective date of suspension or termination,and are
not in anticipation of it;and(2)the costs would be allowable if the Award was not
suspended or expired normally at the end of the period of performance in which the
termination takes effect.
N DEBTS
1. Payment of Debts Owed the Federal Government
a. Any funds paid to the recipient in excess of the amount to which the recipient is
finally determined to be authorized to retain under the terms of this Award E
constitute a debt to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly
by the recipient. A debt is delinquent if it has not been paid by the date specified
in Treasury's initial written demand for payment,unless other satisfactory
arrangements have been made. Interest,penalties,and administrative charges
(see paragraphs c,d,and a below)shall be charged on delinquent debts in
accordance with 31 U.S.C.§3717 and 31 C.F.R.§901.9.Treasury will refer any
debt that is more than 180 days delinquent to Treasury's Bureau of the Fiscal
Service for debt collection services.
c. The minimum annual interest rate to be assessed on any debts is the Department
of the Treasury's Current Value of Funds Rate(CVFR).The CVFR is available
online at s./ .fiscal. sure. v sr o0 6r ticvfr/cvfr home.htm.The
assessed rate shall remain fixed for the duration of the indebtedness, based on
the beginning date in Treasury's written demand for payment. o
d. Penalties on any debts shall accrue at a rate of not more than 6 percent per year
or such other higher rate as authorized by law.
e. Administrative charges,that is,the costs of processing and handling a delinquent
debt,shall be determined by Treasury.
f. Funds for payment of a debt must not come from other federally sponsored
programs.Verification that other federal funds have not been used will be made,
e.g.,during on-site visits and audits.
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2. Effect of Judoment Lien on Eligibility for Federal Grants_LgMns_or Programs
Pursuant to 28 U.S.C.§ 3201(e),unless waived in writing by Treasury, a debtor who has
a judgment lien against the debtor's property for a debt to the United States shall not be
eligible to receive any grant or loan that is made,insured,guaranteed,or financed
directly or indirectly by the United States or to receive funds directly from the federal
government in any program,except funds to which the debtor is entitled as beneficiary,
until the judgment is paid in full or otherwise satisfied.
0
O NON-DISCRIMINATION REQUIREMENTS
No person in the United States shall, on the ground of race,color, national origin, handicap, age, Z
religion,or sex, be excluded from participation in, be denied the benefits of,or be subject to
discrimination under any program or activity receiving federal financial assistance.The recipient
is required to comply with all non-discrimination requirements summarized in this section,and to
ensure that all subawards and contracts contain these nondiscrimination requirements.
1. Statutory Provisions
0
a. Title VI of the Civil Rights Act of 1964(42 U.S.C. §§2000d et seq.)prohibits
discrimination on the grounds of race,color,or national origin under programs or
activities receiving federal financial assistance;
b. Title IX of the Education Amendments of 1972(20 U.S.C.§§ 1681 et seq.) U
prohibits discrimination on the basis of sex under federally assisted education
programs or activities;
c. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.§794)
prohibits discrimination on the basis of handicap under any program or activity
receiving or benefitting from federal assistance;
0
d. The Age Discrimination Act of 1975,as amended(42 U.S.C.§§6101 et seq.),
prohibits discrimination on the basis of age in programs or activities receiving
federal financial assistance;
e. The Americans with Disabilities Act of 1990,as amended(42 U.S.C.§§ 12101 et CL
seq.)("ADA"), including the ADA Amendments Act of 2008(Public Law 110-325, E5
("ADAAA"),prohibits discrimination on the basis of disability under programs,
activities,and services provided or made available by state and local
governments or instrumentalities or agencies thereto,as well as public or private
entities that provide public transportation;
f. Any other applicable non-discrimination law(s). o
0
2. Regulatory Provisions
a. Treasury Title VI regulations, 31 C.F.R. Part 22, implement Title VI of the Civil
Rights Act of 1964, as amended (42 U.S.C. §§2000d, et seq.)which prohibits
discrimination on the grounds of race,color,or national origin under programs or
activities receiving federal financial assistance;
b. Treasury Title IX regulations,31 Part 28,implement Title IX of the Education
Amendments of 1972(20 U.S.C.§§ 1681 et seq.)which prohibits discrimination
on the basis of sex under federally assisted education programs or activities.
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3. Other Provisions
a. Parts 11 and III of EO 11246 (30 Fed. Reg. 12319, 1965),"Equal Employment
Opportunity,"as amended by EO 11375(32 Fed. Reg. 14303, 1967)and 12086
(43 Fed. Reg.46501, 1978),require federally assisted construction contracts to
include the nondiscrimination provisions of§§202 and 203 of EO 11246 and 31
Department of Labor regulations implementing EO 11246(41 C.F.R.§60-1.4(b),
1991).
b. EO 13166(August 11,2000),"Improving Access to Services for Persons With
Limited English Proficiency,"requires federal agencies to examine the services o
provided, identify any need for services to those with limited English proficiency
(LEP),and develop and implement a system to provide those services so LEP
persons can have meaningful access to them.
x
4. Title VII Exemption for Rail
Generally,Title VII of the Civil Rights Act of 1964,42 U.S.C. §§2000e et seq.,provides
that it shall be an unlawful employment practice for an employer to discharge any
individual or otherwise to discriminate against an individual with respect to compensation,
terms,conditions, or privileges of employment because of such individual's race,color,
religion,sex,or national origin.However,Title VII,42 U.S.C.§2000e-1(a),expressly
exempts from the prohibition against discrimination on the basis of religion,a religious
corporation,association,educational institution,or society with respect to the
employment of individuals of a particular religion to perform work connected with the
carrying on by such corporation,association, educational institution,or society of its
activities.
5. Protections for Whistleblowers
In accordance with 41 U.S.C.§4712,neither the recipient nor any of its subrecipients,
contractors(vendors),or subcontractors may discharge,demote,or otherwise
discriminate against an employee as a reprisal for disclosing information to a person or
entity listed below that the employee reasonably believes is evidence of gross
mismanagement of a federal contract or grant,a gross waste of federal funds,an abuse
of authority relating to a federal contract or grant,a substantial and specific danger to
public health or safety, or a violation of law, rule,or regulation related to a federal
contract(including the competition for or negotiation of a contract)or grant:
a. A Member of Congress or a representative of a committee of Congress;
b. An Inspector General;
C. The Government Accountability Office;
U
d. A Treasury employee responsible for contract or grant oversight or management; 0
0
e. An authorized official of the Department of Justice or other law enforcement
agency; o
f. A court or grand jury;and/or
g. A management official or other employee of the recipient,subrecipient,vendor,
contractor(vendor),or subcontractor who has the responsibility to investigate,
discover,or address misconduct.
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P REQUIREMENT TO CHECK DEBARMENT AND SUSPENSION STATUS OF
SUBRECIPIENTS,CONTRACTORS,SUBCONTRACTORS AND VENDORS
1. Recipients that are authorized to enter into subawards or contracts to accomplish all or a
portion of the approved scope of work must verify that a proposed subrecipient or
contractor(if the contract is expected to equal or exceed$25,000)or its principals,does 31
not appear on the federal government's Excluded Parties List prior to executing an
agreement or contract with that entity.Recipients may not enter into a subaward or
contract with an entity that appears on the Excluded Parties List.The Excluded Parties
List is accessible at hhtptA..//Www.sam.gov.
2. The recipient must ensure that any agreements or contracts with subrecipients or
contractors(vendors)require that they verify that their contractors(for contracts expected
to equal or exceed$25,000),subcontractors(for subcontracts expected to equal or
exceed$25,000),or principals that the subrecipients or contractors engage to accomplish the scope of work, if applicable,do not appear on the federal government's Excluded
Parties List.Subrecipients and contractors may not enter into a contract or subcontract
with an entity, or that entity's principals, if that entity or its principals appear on the
Excluded Parties List.
3. The recipient must include a term or condition in all lower tier covered transactions
(subawards,contracts,and subcontracts described in 31 C.F.R.Part 19,subpart B)that
the award is subject to 31 C.F.R. Part 19.
Q DRUG FREE WORKPLACE
The recipient must comply with the provisions of the Drug-Free Workplace Act of 1988(Public Z
Law 100-690,Title V,Sec. 5153,as amended by Public Law 105-85, Div.A,Title VIII, Sec. 809,
as codified at 41 U.S.C. §8102), and Treasury implementing regulations at 31 C.F.R.Part 20,
which require that the recipient take steps to provide a drug-free workplace.
R LOBBYING RESTRICTIONS
1. Lobbying-Restrictions
a. Solely for the purposes of Section R of these Standard Terms and Conditions,
"recipient"is used as defined at 31 C.F.R. §21.105(0). Solely for the purposes of CL
C
Section R of these Standard Terms and Conditions, "award recipient"refers to the
recipient of this RESTORE Act award from Treasury.
b. All recipients musk comply with the provisions of 31 U.S.C.§ 1352, as amended,
and with regulations at 31 C.F.R. Part 21. No appropriated funds may be expended
by the recipient of a Federal grant to pay any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer o
or employee of Congress,or an employee of a Member of Congress in connection
with the making of any Federal grant or the extension,continuation, renewal,
amendment, or modification of any Federal grant.
0
2. Certification
a. Each person who requests or receives from Treasury a RESTORE Act grant shall c
file with Treasury a certification, set forth in Appendix A of 31 C.F.R. Part 21,that
the person has not made, and will not make, any payment prohibited under 31
U.S.C. § 1352,as amended.
b. The certification shall be filed pursuant to 31 C.F.R. §21.100(a)and(b).
c. An subreci ient,at any tier,who receives a subaward exceeding $100,000 under
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N.7.a
this award, shall file with the tier above them a certification, set forth in appendix A
of 31 C.F.R. Part 21, that the subrecipient as not made, and will not make, any
payment prohibited by 31 C.F.R. §21.100(a). Pursuant to 31 C.F.R.21.100(d), the
certification shall be filed to the next tier above.
d. Any contractor or subcontractor, at any tier,who receives a contract or subcontract 31
exceeding$100,000 under this award, shall file with the tier above them a
certifications, set forth in Appendix A of 31 C.F.R. Part 21,that the contractor or
subcontractor has not made,and will not make,any payment prohibited by 31
U.S.C. § 1352, as amended. Pursuant to 31 C.F.R. 21.100(d),the certification
shall be filed to the next tier above. g,
e. Every certification filed shall be treated as a material representation of fact upon
which all receiving tiers shall rely. All liability arising from an erroneous
representation shall be borne solely by the tier filing that representation and shall z
not be shared with any tier to which the erroneous representation if forwarded.
Submitting an erroneous certification or disclosure constitutes a failure to file the
required certification. If a person fails to file a required certification,the United
States may pursue all available remedies, including those authorized by 31 U.S.C.
§ 1352.
3. Disclosure of Lobbying Activities
a. The award recipient of this RESTORE Act grant from Treasury, if this grant
exceeds$100,000, shall file with Treasury disclosure form SF-LLL, set forth in
Appendix B of 31 CF.R. Part 21, if that award recipient is paid or will pay any t3
funds, other than Federal appropriated funds,to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of
Congress,an officer or employee of any agency,a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal grant.
b. Every recipient of a subaward under this RESTORE Act grant from Treasury, if
this grant exceeds$100,000, shall file with the tier above it the disclosure form
SF-LLL, set forth in Appendix 13 of 31 C.F.R. Part 21, if that recipient has paid
or will pay any funds, other than Federal appropriated funds,to any person for
influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal grant. Each tier who receives the
completed and signed SF-LLL disclosure form shall forward it to the tier above
it, and the award recipient of this RESTORE Act grant from Treasury will
forward it to Treasury.
c. Every recipient of a contract or subcontract under this RESTORE Act grant
from Treasury, if this grant exceeds$100,000, shall file with the tier above it the
disclosure form SF-LLL, set forth in Appendix B of 31 C.F.R. Part 21, if that
0
recipient has paid or will pay any funds, other than Federal appropriated funds,
to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress,an officer or employee of any agency, a
Member of Congress,an officer or employee of Congress,or an employee of a
Member of Congress in connection with this Federal grant. Each tier who
receives the completed and signed SF-LLL disclosure form shall forward it to
the tier above it,and the award recipient of this RESTORE Act grant from
Treasury will forward it to Treasury.
d. Every SF-LLL disclosure form filed shall be treated as a material representation
of fact upon which all receiving tiers shall rely. All liability arising from an
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erroneous representation shall be borne solely by the tier filing that
representation and shall not be shared with any tier to which the erroneous
representation is forwarded. Submitting an erroneous certification or disclosure
constitutes a failure to file the required certification. If a person fails to file a
required disclosure, the United States may pursue all available remedies,
including those authorized by 31 US.C. § 1352,
e. Pursuant to 31 C.F.R. §21.110(c),every recipient must file a new disclosure
form at the end of each calendar quarter in which a payment, or an agreement
to make a payment, is made which would have otherwise required reporting at
the time of application. Moreover, if an event occurs during the calendar t3
quarter which materially affects the accuracy of information reported on the
disclosure form previously submitted,the submitter must file a new disclosure
form. Events which"materially affect"the accuracy of information already Z
reported include:
x
i. A cumulative increase of$25,000 or more in the amount paid or
expected to be paid for influencing or attempting to influence a covered
Federal action;
ii. A change in the persons(s)influencing or attempting to influence;
and/or
0
iii. A change in the Federal official(s) contacted to influence or attempt to
influence a covered Federal action,
f. The award recipient must submit its form SF-LLLs, as well as those received
from subrecipients, contractors and subcontractors,to Treasury within 30 t3
calendar days following the end of the calendar quarter in which there occurs
any event that requires disclosure or that materially affects the accuracy of the
information contained in any disclosure form previously filed.
g. The award recipient must include a statement in all subaward, contracts and
subcontracts exceeding$100,000 in federal funds,that the subaward,contract, E
or subcontract is subject to 31 U.S.C. § 1352,
h. The award recipient must require subrecipients, contractors and subcontractors
to submit form SF-LLL to the award recipient with 15 calendar days following
the end of the calendar quarter in which there occurs any event that requires
disclosure or that materially affects the accuracy of the information contained in
any disclosure from previously filed.
S PROCUREMENT
1. The recipient must comply with Section 6002 of the Solid Waste Disposal Act,as
amended by the Resource Conservation and Recovery Act.The requirements of Section
6002 include procuring only items designated in guidelines of the Environmental
0
Protection Agency(EPA)at 40 C.F.R. Part 247 that contain the highest percentage of
recovered materials practicable,consistent with maintaining a satisfactory level of o
competition,where the purchase price of the item exceeds$10,000 or the value of the
quantity acquired by the preceding fiscal year exceeded$10,000;procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
2. When the recipient makes a subaward to a subrecipient that is authorized to enter into
contracts for the purpose of completing the subaward scope of work,the recipient must
require the subrecipient to comply with the requirements contained in this section.
3. Requirements applicable to recipients that are states:When executing procurement
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actions under this Award,the recipient must follow the same policies and procedures it
uses for procurements from its non-federal funds.The recipient must ensure that every
purchase order or other contract contains any clauses required by federal statutes and
EOs and their implementing regulations,including all of the provisions listed in Appendix
11 to 2 C.F.R. Part 200—Contract Provisions for Non-Federal Entity Contracts under 31
Federal Awards, as well as any other provisions required by law or regulations. 0
4. Requirements applicable to recipients that are not states:The recipient must follow all
procurement requirements set forth in 2 C.F.R.§§200.318,200.319,200.320,200.321,
200.323, and 200.324. In addition,all contracts executed by the recipient to accomplish
the approved scope of work must contain any clauses required by federal statutes and
EOs and their implementing regulations,including all of the provisions listed in Appendix
II to 2 C.F.R.Part 200—Contract Provisions forNon-Federal Entity Contracts under
Federal Awards.
S. The recipient,subrecipient, contractor,and/or subcontractor must not sub-grant or sub- X
contract any part of the approved project to any agency or employee of Treasury and/or o
other federal department,agency,or instrumentality without the prior written approval of
Treasury. Treasury will forward all requests to Treasury's Office of General Counsel for
review before making a decision. Treasury will notify the recipient in writing of the final
determination.
0
T RESEARCH INVOLVING HUMAN SUBJECTS
1. No research involving human subjects is permitted under this Award unless expressly
authorized by a special award condition,or otherwise in writing by Treasury.
2. Federal policy defines a human subject as a living individual about whom an investigator
conducting research obtains(1)data through intervention or interaction with the
individual,or(2)identifiable private information.Research means a systematic
investigation,including research development,testing and evaluation,designed to
develop or contribute to generalizable knowledge.
0
3. The recipient must maintain appropriate policies and procedures for the protection of
human subjects.In the event it becomes evident that human subjects may be involved in
this project,the recipient must submit appropriate documentation to Treasury for approval
by the appropriate Treasury officials.This documentation may include:
a. Documentation establishing approval of the project by an institutional review
board(IRB)approved for federal-wide use under Department of Health and
Human Services guidelines;
b. Documentation to support an exemption for the project;
c. Documentation to support deferral for an exemption or IRB review;or
U
d. Documentation of IRB approval of any modification to a prior approved protocol 0
or to an informed consent form.
r_
4. No work involving human subjects may be undertaken,conducted,or costs incurred and/or o
charged for human subjects research,until the appropriate documentation is approved in
writing by Treasury.
U ENVIRONMENTAL REQUIREMENTS
The recipient must comply with all environmental standards,and provide information requested by
Treasury relating to compliance with environmental standards,including but not limited to the
following federal statutes, regulations, and EOs. If the recipient is permitted to make any
subawards,the recipient must include all of the environmental statutes,regulations, and executive
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N.7.a
orders listed below in any agreement or contract with a subrecipient,and require the subrecipient
to comply with all of these and to notify the recipient if the subrecipient becomes aware of any
impact on the environment that was not noted in the recipient's approved application package:
1. National Historic Preservation Act, as amended(54 U.S.C.§300101 et seq.)and
Archeological and Historic Preservation Act,as amended(54 U.S.C. §312501 et
seq.)
2. The National Environmental Policy Act of 1969,as amended(42 U.S.C.§4321 et seq.)
U)
3. Clean Air Act,as amended(42 U.S.C.§7401 et seq.), Clean Water Act,as amended
(33 U.S.C. § 1251 et seq.),and EO 11738
4. The Flood Disaster Protection Act of 1973,as amended(42 U.S.C.§4002 et seq.)
5. The Endangered Species Act of 1973,as amended,(16 U.S.C.§ 1531 et seq.) z
6. The Coastal Zone Management Act,as amended,(16 U.S.C.§ 1451 et seq.) X
7. The Coastal Barriers Resources Act, as amended,(16 U.S.C.§3501 et seq.)
8. The Wild and Scenic Rivers Act, as amended, (16 U.S.C.§ 1271 et seq.)
9. The Safe Drinking Water Act of 1974,as amended,(42 U.S.C.§300f-j)
10.The Resource Conservation and Recovery Act of 1976,as amended,(42 U.S.C.§
6901 et seq.)
11. The Comprehensive Environmental Response,Compensation,and Liability Act
(Superfund)(42 U.S.C.§9601 et seq.)and the Community Environmental Response U
Facilitation Act(42 U.S.C.§9601 note)
12. Magnuson-Stevens Fishery Conservation and Management Act,as amended(16 U.S.C.
§1801)
13. Marine Mammal Protection Act,as amended(16 U.S.0§31)
14. Migratory Bird Treaty Act,as amended(16 U.S.C.§§703-712)
15. Responsibilities of Federal Agencies to Protect Migratory Birds, EO 13186
16. Bald and Golden Eagle Protection Act,as amended(16 U.S.C.§668-668d)
17. Marine Protection, Research and Sanctuaries Act(33 U.S.C.§§ 1401-1445 and 16 U.S.C.
§§1431-1445)
18. National Marine Sanctuaries Act,as amended(16 U.S.C.§ 1431 et seq.)
19. Rivers and Harbors Act of 1899 (33 U.S.0§407)
20. Environmental Justice in Minority Populations and Low Income Populations, EO 12898,
as amended
21. Floodplain Management, EO 11988, as amended by EO 13690 and,Protection of
Wetlands, EO 11990, May 24,1977, as amended by EO 12608
22. Farmland Protection Policy Act,as amended(7 U.S.C.§4201 et.seq.)
23. Coral Reef Protection,EO 130891nvasive Species, EO 13112
V MISCELLANEOUS REQUIREMENTS AND PROVISIONS
The recipient must comply with all miscellaneous requirements and provisions described in this
section and,when applicable,require its subrecipients,contractors,and subcontractors to
comply.This list is not exclusive:
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1. Prohibition Against Assignment by the Recipient
Notwithstanding any other provision of this Award,the recipient must not transfer,pledge,,
mortgage,or otherwise assign this Award,or any interest therein,or any claim arising
thereunder,to any party or parties,banks,trust companies,or other financing or financial
institutions without the express written approval of Treasury.
2. DisclairneLpravisions
0
a. The United States expressly disclaims any and all responsibility or liability to the
recipient or third persons for the actions of the recipient or third persons resulting
in death, bodily injury, property damages,or any other losses resulting in any
way from the performance of this Award or any other losses resulting in any way
from the performance of this Award or any subaward, contract,or subcontract
under this Award. 0
0
b. The acceptance of this Award by the recipient does not in any way constitute an
agency relationship between the United States and the recipient.
3. Prohibited ill)
0
a. The Program Fraud Civil Remedies Act of 1986(31 U.S.C.§§3801-3812)„ "J
provides for the imposition of civil penalties against persons who make false„
fictitious,or fraudulent claims to the federal government for money(including
money representing grants,loans or other benefits). U3
b. False Statements, as amended (18 U.S.C. § 1001)provides that whoever makes
or presents any materially false, fictitious, or fraudulent statements to the United
States shall be subject to imprisonment of not more than five years.
c. False,Fictitious,or Fraudulent Claims,as amended(18 U.S.C.§287)provides
that whoever makes or presents a false,fictitious, orfraudulent claim against or
to the United States shall be subject to imprisonment of not more than five
years and shall be subject to a fine in the amount provided in 18 U.S.C. §287.
d. False Claims Act,as amended(31 U.S.C. 18 U.S.C.§ 3729 et seq.),provides that
suits under this act can be brought by the federal government,or a person on
behalf of the federal government,for false claims under federal assistance
programs
e. Copeland"Anti-Kickback"Act,as amended(18 U.S.C.§874 and 40 U.S.C.§
276c), prohibits a person or organization engaged in a federally supported project
from enticing an employee working on the project from giving up a part of his
compensation under an employment contract.The Copeland"Anti-Kickback" Act
also applies to contractors and subcontractors pursuant to 40 U.S.C.§3145.
0
4 Political Activities o
The recipient must comply, as applicable,with provisions of the Hatch Act,as amended
(5 U.S.C.§§ 1501-1508 and§§7321-7326)which limit the political activities of
employees whose principal employment activities are funded in whole or in part with
federal funds.
S. American-Made Eauioment and Products
The recipient is hereby notified that it is encouraged,to the greatest extent practicable,to
purchase American-made equipment and products with funding provided under this
August 2017 Page 25
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N.7.a
Award.
6. Increasina Seat Belt Use in the United States
Pursuant to EO 13043,the recipient should encourage its employees and contractors to
enforce on-the-job seat belt policies and programs when operating company-owned,
rented or personally owned vehicles.
U)
7. Minority Sencina Institutions1141S1s1 Initiative
Pursuant to EOs 13555 and13270,as amended,Treasury is strongly committed to
broadening the participation of MSIs in its financial assistance programs.Treasury's
goals include achieving full participation of MSIs in order to advance the development of
human potential,strengthen the nation'"s capacity to provide high-quality education,and z
increase opportunities for MSIs to participate in and benefit from federal financial X
assistance programs.Treasury encourages recipients to include meaningful participation
of MSIs. Institutions eligible to be considered MSls are listed on the Department of
Education website at h ;1 .00v/a ou c is ocl lit ino i s . 1.
8. Research Misconduct
0
Treasury adopts,and applies to Awards for research,the Federal Policy on Research
Misconduct(Federal Policy)issued by the EO of the President's Office of Science and
Technology Policy on December 6,2000(65 Fed. Reg.76260(2000)).As provided for in
the Federal Policy, research misconduct refers to the fabrication,falsification,or g,
plagiarism in proposing,performing, or reviewing research,or in reporting research
results. Research misconduct does not include honest errors or differences of opinion.
Recipients that conduct research funded by Treasury must foster an atmosphere
conducive to the responsible conduct of sponsored research by safeguarding against and
resolving allegations of research misconduct.Recipients also have the primary
responsibility to prevent,detect,and investigate allegations of research misconduct and,
for this purpose,may rely on their internal policies and procedures, as appropriate,to do
so.Award funds expended on an activity that is determined to be invalid or unreliable
because of research misconduct may result in appropriate enforcement action under the
Award,up to and including Award termination and possible suspension or debarment.
Treasury requires that any allegation that contains sufficient information to proceed with CL
an inquiry be submitted to Treasury,which will also notify the Treasury Office of Inspector
General of such allegation. Once the recipient has investigated the allegation,it will
submit its findings to Treasury.Treasury may accept the recipient's findings or proceed
with its own investigation;Treasury shall inform the recipient of the Treasury's final
determination.
0
9. Care and Use of Live Vertebrate Animals
0
Recipients must comply with the Laboratory Animal Welfare Act of 1966(Public Law 89-
544),as amended, (7 U.S.C.§2131 et seq.)(animal acquisition,transport,care, o
handling,and use in projects),and implementing regulations,9 C.F.R. Parts 1,2,and 3;
the Endangered Species Act,as amended, (16 U.S.C.§ 1631 et seq.); Marine Mammal
Protection Act,as amended, (16 U.S.C.§ 1361 et seq.) (taking possession,transport, E
purchase,sale,export or import of wildlife and plants);the Nonindigenous Aquatic
Nuisance Prevention and Control Act,as amended,(16 U.S.C.§4701 et seq.)(ensure
preventive measures are taken or that probable harm of using species is minimal if there
is an escape or release);and all other applicable statutes pertaining to the care, handling,
and treatment of warm blooded animals held for research,teaching,or other activities
supported by federal financial assistance.
August 2017 Page 26 11
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10.
and the Imnlementing regulations at 2 C.F.R.Part 175
The Trafficking Victims Protection Act of 2000 authorizes termination of financial
assistance provided to a private entity,without penalty to the federal government, if the
recipient or subrecipient engages in certain activities related to trafficking in persons.
C
a. Provisions applicable to a recipient that is a private entity. M
1. You as the recipient, your employees,subrecipients under this Award,and U)
subrecipients'employees may not—
i. Engage in severe forms of trafficking in persons during the period of
time that this Award is in effect;
ii. Procure a commercial sex act during the period of time that this Z
Award is in effect;or X
x
iii. Use forced labor in the performance of this Award or subawards
under this Award.
2. We as the federal awarding agency may unilaterally terminate this Award,
without penalty, if you or a subrecipient that is a private entity—
i. Is determined to have violated a prohibition in paragraph a.1 of this
Section V.10;or
ii. Has an employee who is determined by the agency official
authorized to terminate this Award to have violated a prohibition in
paragraph a.1 of this Section VA 0 through conduct that is either—
A. Associated with performance under this Award;or
B. Imputed to you or the subrecipient using the standards and
due process for imputing the conduct of an individual to an
organization that are provided in 2 C.F.R. Part 180,"OMB 0
Guidelines to Agencies on Govemmentwide Debarment and
Suspension(Nonprocurement),"as implemented by our
agency at 31 C.F.R. Part 19.
b. Provision applicable to a recipient other than a private entity.We as the federal C
awarding agency may unilaterally terminate this Award,without penalty, if a 0.
subrecipient that is a private entity-
1. Is determined to have violated an applicable prohibition in paragraph a.1 of
this Section V.10;or
2. Has an employee who is determined by the agency official authorized to
C
terminate this Award to have violated an applicable prohibition in paragraph
a.1 of this Section V.10 through conduct that is either—
i. Associated with performance under this Award;or
C
ii. Imputed to the subrecipient using the standards and due process for o
imputing the conduct of an individual to an organization that are
provided in 2 C.F.R. Part 180,"OMB Guidelines to Agencies on
Govemmentwide Debarment and Suspension(Nonprocurement),"as E
implemented by our agency at 31 C.F.R.Part 19.
C. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any
source alleging a violation of a prohibition in paragraph a.1 of this Section
V.10.
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2. Our right to terminate unilaterally that is described in paragraph a.2 orb of
this Section V.10:
i. Implements section 106(g)of the Trafficking Victims Protection Act of
2000(TVPA),as amended(22 U.S.C.§7104(g)),and
ii. Is in addition to all other remedies for noncompliance that are available
to us under this Award. M
it
3. You must include the requirements of paragraph a.1 of this Section V.10 in 0
any subaward you make to a private entity.
0
d. Definitions. For purposes of this award term:
1. "Employee"means either:
i. An individual employed by you or a subrecipient who is engaged in the Z
performance of the project or program under this Award;or X
ii. Another person engaged in the performance of the project or program
under this Award and not compensated by you including, but not limited
to,a volunteer or individual whose services are contributed by a third
party as an in-kind contribution toward cast sharing or matching
requirements.
0
2. "Forced labor"means labor obtained by any of the following methods:the
recruitment, harboring,transportation, provision,or obtaining of a person for
labor or services,through the use of force,fraud, or coercion for the purpose
of subjection to involuntary servitude,peonage,debt bondage,or slavery. U
3. "Private entity":
i. Means any entity other than a state, local government, Indian tribe,or
foreign public entity,as those terms are defined in 2 C.F.R. § 175.25.
C
ii. Includes: 0
A. A nonprofit organization,including any nonprofit institution of
higher education,hospital, or tribal organization other than one
included in the definition of Indian tribe at 2 C.F.R.§ 175.25(b).
C
B. A for-profit organization
a�
4. "Severe forms of trafficking in persons,""commercial sex act,"and"coercion"
have the meanings given at§ 103 of the TVPA, as amended(22 U.S.C. §
7102).
C
11. 1hR,Eederal Funding Accountalsility and Transparency Act of 2006.as amended_ o
(Pub,L No.109-282.31 U.S.C.6 6101 notel �
0
a. The award term at Appendix A of 2 C.F.R. Part 170 is hereby incorporated by
reference.
b. The Federal Funding Accountability and Transparency Act of 2006(FFATA)
requires information on federal awards to be made available to the public via a 0
single,searchable website.This information is available at
www.USASpending.gov.The FFATA Subaward Reporting System (FSRS)is the
reporting tool federal prime awardees(i.e.,prime contractors and prime grants
recipients)use to capture and report subaward and executive compensation data
regarding their first-tier subawards to meet the FFATA reporting requirements.
Prime grant awardees w411 report against sub-grants awarded.The subaward
information entered in FSRS will then be displayed at
August 2017 Page 28
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N.7.a
http://www.USASpending.gov.
c. Recipients of RESTORE Act funding are subject to FFATA subaward reporting
requirements as outlined in the OMB guidance on FFATA issued August 27,
2010.The recipient is required to file a FFATA subaward report by the end of the
month following the month in which the recipient makes any subaward greater 31
than or equal to$25,000. This includes any action that brings the cumulative
total award to$25,000 or more. This report must be filed electronically at
htt2://www.fsM&ov.
. ov.
d. The recipient must report total compensation for each of its five most highly 0
compensated executives for the preceding completed fiscal year,by the end of
the month following the month in which this Award is made,and annually
thereafter if
I. The total federal funding authorized to date under this Award is$25,000
or more;and 0
0
ii. In the preceding fiscal year,the recipient received-
1) 80 percent or more of annual gross revenues from federal
procurement contracts(and subcontracts)and federal financial
assistance subject to FFATA,as defined at 2 C.F.R.§ 170.320(and
subawards);and
2) $25,000,000 or more in annual gross revenues from federal
procurement contracts(and subcontracts)and federal financial
assistance subject to FFATA,as defined at 2 C.F.R. 170,320(and
subawards);and
iii. The public does not have access to information about the compensation
of the executives through periodic reports filed under§ 13(a)or 15(d)of
the Securities Exchange Act of 1934(15 U.S.C.78m(a),78o(d)) or§
6104 of the Internal Revenue Code of 1986. (To determine if the public
has access to the compensation information,see the U.S. Security and
Exchange Commission total compensation filings at
hftp://www.sec.govtanswers/execomp.htm.)
e. The recipient must report on the total compensation of its subrecipients'five most
highly compensated executives,as required by FFATA,and must include
provisions in every executed contract or agreement with affected subrecipients
requiring the subrecipient to provide all information necessary for the recipient to
report on subrecipient executive compensation.The recipient must report on
subrecipient executive compensation by the end of the month following the month
during which the recipient makes the subaward.
f. The recipient must keep its information current in SAM (System for Award 0
Management,which is the successor to the Central Contractor Registry, (CCR)) 0
at least until submission of the final SF-425 or receipt of the final Award payment,
whichever is later.This requires that the recipient review and update the
0
information at least annually after the initial registration,and more frequently if
required by changes in the recipient's information.SAM is the federal repository
into which an entity must provide information required for the conduct of business
as a recipient.Additional information about registration procedures may be found
at the System for Award Management Intemet site(currently at
bttps.lhwm.sam.gov/12ortaVgublic/SAM!t.
g. If the recipient is authorized to make subawards under this Award,the recipient
must notify potential subrecipients that the recipient may not make a subaward to
any entity unless that entity has provided its Data Universal Numbering System
(DUNS)number to the recipient.A DUNS number is the nine-digit number
August 2017 Page 29
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N.7.a
established and assigned by Dun and Bradstreet, Inc.to uniquely identify
business entities.
12. Recinient Integrily and Performance Matters(8Q FR 43301.July 22,20181 Remoortin!
of Matters_Related to Recigjgpt IntegajX and Performance
a. Genera!Reporting Requirement
it
If the total value of the recipient's currently active grants, cooperative agreements, 0
and procurement contracts from all Federal awarding agencies exceeds
$10,000,000 for any period of time during the period of performance of this
Federal award,then the recipient during that period of time must maintain the
accuracy of information reported to the System for Award Management(SAM)that
is made available in the designated integrity and performance system (currently z
the Federal Awardee Performance and Integrity Information System(FAPIIS))
about civil,criminal,or administrative proceedings described in paragraph b.of
this award term and condition.This is a statutory requirement under§ 872 of
Public law 110-417,as amended(41 U.S.C.§2313).As required by§3010 of
Public Law 111-212,all information posted in the designated integrity and C
performance system on or after April 15,2011,except past performance reviews
required for Federal procurement contracts,will be publicly available.
0
b. Proceedings About Which The Recipient Must Report
The recipient must submit the information required about each proceeding that:
i. Is in connection with the award or performance of a grant,cooperative
agreement,or procurement contract from the Federal Government;
ii. Reached its final disposition during the most recent five year period;and
iii. Is one of the following:
0
1) A criminal proceeding that resulted in a conviction,as defined in E
paragraph e.of this award term and condition;
CD
2) A civil proceeding that resulted in a finding of fault and liability
and payment of a monetary fine,penalty,reimbursement,
restitution,or damages of$5,000 or more;
3) An administrative proceeding,as defined in paragraph e.of this
award term and condition,that resulted in a finding of fault and
liability and your payment of either a monetary fine or penalty of
$5,000 or more or reimbursement,restitution,or damages in
excess of$100,000;or
4) Any other criminal,civil,or administrative proceeding if:
0
U
a) It could have led to an outcome described in paragraph b.iii.
1),2),or 3)of this award tern and condition; 0-
b) It had a different disposition arrived at by consent or
compromise with an acknowledgment of fault on your
part;and
c) The requirement in this award term and condition to disclose 0
information about the proceeding does not conflict with
applicable laws and regulations.
c. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires
about each proceeding described in paragraph b of this award term and condition.
August 2017 Page 30
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N.7.a
The recipient does not need to submit the information a second time under
assistance awards that the recipient received if they already provided the
information through SAM because they were required to do so under Federal
procurement contracts that they were awarded.
d. Reporting Frequency
During any period of time when the recipient is subject to the requirement in
paragraph) of this award term and condition,the recipient must report proceedings U)
information through SAM for the most recent five year period,either to report new 0
information about any proceeding(s)that they have not reported previously or
affirm that there is new information to report. Recipients that have Federal
contract,grant,and cooperative agreement awards with a cumulative total value
greater than$10,000,000 must disclose semiannually any information about the z
criminal,civil,and administrative proceedings.
0
0
e. Definitions
For purposes of this award term and condition:
i. Administrative proceeding means a non-judicial process that is
adjudicatory in nature in order to make a determination of fault or liability
(e.g., Securities and Exchange Commission Administrative proceedings,
Civilian Board of Contract Appeals proceedings,and Armed Services
Board of Contract Appeals proceedings).This includes proceedings at the 1Z
Federal and State level but only in connection with performance of a
Federal contract or grant.It does not include audits,site visits,corrective
plans,or inspection of deliverables. _
ii. Conviction,for purposes of this award term and condition, means a
judgment or conviction of a criminal offense by any court of
competent jurisdiction,whether entered upon a verdict or a plea,and
includes a conviction entered upon a plea of nolo contendere.
iii. Total value of currently active grants,cooperative agreements,and
procurement contracts includes-
1) Only the Federal share of the funding under any Federal award with a CL
recipient cost share or match;and
2) The value of all expected funding increments under a Federal award
and options,even if not yet exercised.
13. Publications and Signaae
0
Any publications(except scientific articles or papers appearing in scientific,technical,or
professional journals)or signage produced with funds from this Award,or informing the
public about the activities funded in whole or in part by this Award,must clearly display
the following language:"This project was paid for[in part]with federal funding from the o
Department of the Treasury under the Resources and Ecosystems Sustainability,Tourist
Opportunities,and Revived Economies of the Gulf Coast States Act of 2012(RESTORE
Act)." Publications(except scientific articles or papers appearing in scientific,technical,
or professional journals)produced with funds from this Award must display the following
additional language:"The statements,findings,conclusions,and recommendations are
those of the author(s)and do not necessarily reflect the views of the Department of the
Treasury."
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N.7.a
14. Homeland Security Presidential Directive 12
If the performance of this Award requires the recipient's personnel to have routine access
to Treasury-controlled facilities and/or Treasury-controlled information systems(for
purpose of this term"routine access"is defined as more than 180 days), such personnel
must undergo the personal identity verification credential process. In the case of foreign
nationals,Treasury will conduct a check with U.S.Citizenship and Immigration Services'
(USCIS)Verification Division,a component of the Department of Homeland Security
(DHS),to ensure the individual is in a lawful immigration status and that he or she is U)
eligible for employment within the United States.Any items or services delivered under
this Award must comply with Treasury personal identity verification procedures that
implement Homeland Security Presidential Directive 12,"Policy for a Common
Identification Standard for Federal Employees and Contractors", FIPS PUB 201, as
amended,and OMB Memorandum M-05-24,as amended.The recipient must ensure that
its subrecipients and contractors(at all tiers)performing work under this Award comply
with the requirements contained in this Section V.14.Treasury may delay final payment
under this Award if the subrecipient or contractor fails to comply with the requirements
listed in the section below.The recipient must insert the following term in all subawards
and contracts when the subrecipient or contractor is required to have routine physical
access to a Treasury-controlled facility or routine access to a Treasury-controlled
information system:
0
a. The subrecipient or contractor must comply with Treasury personal identity
verification procedures identified in the subaward or contract that implement
Homeland Security Presidential Directive 12(HSPD-12),Office of Management
and Budget(OMB)Guidance M-05-24,as amended,and Federal Information
Processing Standards Publication, FIPS PUB 140-2, as amended,for all
employees under this subaward or contract who require routine physical access
to a federally controlled facility or routine access to a federally controlled
information system.
b. The subrecipient or contractor must account for all forms of govemment provided
identification issued to the subrecipient or contractor employees in connection
with performance under this subaward or contract.The subrecipient or contractor
must return such identification to the issuing agency at the earliest of any of the
following,unless otherwise determined by Treasury:
i. When no longer needed for subaward or contract performance;
a�
ii. Upon completion of the subrecipient or contractor employee's
employment; or
iii. Upon subaward or contract completion or termination.
0
15. Foreign Travel
a. The recipient may not use funds from this Award for travel outside of the United
States unless Treasury provides prior written approval.
b. The recipient must comply with the provisions of the Fly America Act, as
amended,(49 U.S.C.§40118).The implementing regulations of the Fly America 0
Act are found at 41 C.F.R.§§301-10.131-301-10.143.
C. The Fly America Act requires that federal travelers and others performing U.S.
Govemment-financed air travel must use U.S.flag air carriers,to the extent that
service by such carriers is available.Foreign air carriers may be used only in
specific instances, such as when a U.S.flag air carrier is unavailable, or use of
U.S.flag air carrier service will not accomplish the agency's mission.
August 2017 Page 32
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d. One exception to the requirement to fly U.S,flag carriers is transportation
provided under a bilateral or multilateral air transport agreement,to which the
United States Government and the government of a foreign country are parties,
and which the Department of Transportation has determined meets the
requirements of the Fly America Act pursuant to 49 U.S.C.§40118(b).The
United States Government has entered into bilateral/multilateral"Open Skies
Agreements"(U.S.Government Procured Transportation)that allow federal
funded transportation services for travel and cargo movements to use foreign air
carriers under certain circumstances.There are multiple"Open Skies U)
Agreements"currently in effect.For more information about the current bilateral 0
and multilateral agreements,visit the GSA website
httg-/Avww.gsa.aov/DortaVcontenti1 0319 1.Information on the Open Skies
agreements(U.S.Government Procured Transportation)and other specific
country agreements may be accessed via the Department of State's website z
hftp:/Iwww.state.00v/e/eeb/tra/.
0
e. If a foreign air carrier is anticipated to be used for any portion of travel funded
under this Award,the recipient must receive prior approval from the Treasury.
When requesting such approval,the recipient must provide a justification in
accordance with guidance provided by 41 C.F.R.§301-10.142,which requires
the recipient to provide Treasury with the following: name;dates of travel;origin
and destination of travel;detailed itinerary of travel;name of the air carrier and
flight number for each leg of the trip;and a statement explaining why the
recipient meets one of the exceptions to the regulations. If the use of a foreign air
carrier is pursuant to a bilateral agreement,the recipient must provide Treasury
with a copy of the agreement or a citation to the official agreement available on t 3
the GSA website.Treasury shall make the final determination and notify the
recipient in writing. Failure to adhere to the provisions of the Fly America Act will
result in the recipient not being reimbursed for any transportation costs for which
the recipient improperly used a foreign air carrier.
16. j xdort Control
a. This clause applies to the extent that this Award involves access to export-
controlled items.
b. In performing this financial assistance Award,the recipient may gain access to
items subject to export control(export-controlled items)under the Export
Administration Regulations(EAR)issued by the Department of Commerce
(DOC).The recipient is responsible for compliance with all applicable laws and cis
regulations regarding export-controlled items,including the EAR's deemed
exports and re-exports provisions.The recipient shall establish and maintain
effective export compliance procedures throughout performance of the Award.At o
a minimum,these export compliance procedures must include adequate controls
of physical,verbal,visual,and electronic access to export-controlled items,
including by foreign nationals.
0
c. Definitions:
i. Export-controlled items.Items(commodities,software,or technology),
that are subject to the EAR(15 C.F.R.§§730-774), implemented by
the DOC's Bureau of Industry and Security.These are generally known
as"dual-use"items,items with a military and commercial application.
ii. Deemed Export/Re-export.The EAR defines a deemed export as a
release of export-controlled items(specifically,technology or source
code)to a foreign national in the U.S. Such release is"deemed"to be an
export to the home country of the foreign national. 15 C.F.R.§
11"' wonAugust 2017 Page 33
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734.2(b)(2)(ii).A release may take the form of visual inspection,oral
exchange of information,or the application abroad of knowledge or
technical experience acquired in the United States. If such a release
occurs abroad, it is considered a deemed re-export to the foreign
national's home country.Licenses from DOC may be required for
deemed exports or re-exports.
d. The recipient shall control access to all export-controlled items that it possesses
or that comes into its possession in performance of this Award,to ensure that
access to,or release of,such items are restricted,or licensed,as required by
applicable federal statutes, EOs,and/or regulations,including the EAR.
e. To the extent the recipient wishes to provide foreign nationals with access to
export-controlled items,the recipient shall be responsible for obtaining any
necessary licenses,including licenses required under the EAR for deemed Z
exports or deemed re-exports. X
f. Nothing in the terms of this Award is intended to change,supersede,or waive the
requirements of applicable federal statutes,EOs,and/or regulations.
g. Compliance with this Section V.15 will not satisfy any legal obligations the
recipient may have regarding items that may be subject to export controls
administered by other agencies such as the Department of State,which has
jurisdiction over exports of munitions items subject to the International Traffic in
Arms Regulations(ITAR)(22 C.F.R.§§ 120-130),including releases of such
items to foreign nationals.
h. The recipient shall include this clause, including this paragraph (i), in all lower tier U
transactions (subawards, contracts, and subcontracts) under this Award that may
involve access to export-controlled items.
a
SUPPLEMENTAL STANDARD TERMS AND CONDITIONS-AWARDS UNDER THE DIRECT
COMPONENT FOR ACQUISITION AND IMPROVEMENTS TO REAL PROPERTY
W ACQUISITION AND IMPROVEMENTS TO REAL.PROPERTY 2
1. Compliance with S d Federal Requirements
The project must comply with all applicable federal laws and regulations,and with all
requirements for state,and local laws and ordinances to the extent that such requirements
do not conflict with federal laws. The recipient is also responsible for supervising the
design,bidding,construction,and operation of construction projects in compliance with all
award requirements. The recipient must comply with,and must require all contractors g,
and subcontractors,to comply with all federal,state,and local laws and regulations. The
recipient must ensure compliance with special award conditions which may contain
conditions that must be satisfied prior to advertisement of bids,start of construction,or o
other critical event.
2. JJft
Prior to receiving Treasury authorization to start construction,the recipient must furnish
evidence,satisfactory to Treasury,that the recipient has acquired good and
merchantable title free of all mortgages,foreclosable liens,or encumbrances,to all land,
rights of way and easements necessary for the completion of the project.
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3. Permitting Requirements
Prior to receiving Treasury authorization to start construction,the recipient must furnish
evidence,satisfactory to Treasury,that recipient has received all federal,state and local
permits necessary for the completion of the project.
4. Federal Interest in Real Property
"Federal interest"refers to real property that is acquired or improved, in whole or in part,
with RESTORE Act Direct Component funds,which must be held in trust by the
Recipient for the benefit of the project for the Estimated Useful Life of the project,during
which period Treasury retains an undivided equitable reversionary interest in the real
property(i.e.,the"federal interest").
5. Estimated Useful Life X
Property that is acquired or improved, in whole or in part,with federal assistance is held in
trust by the recipient for the purpose(s)for which the award was made for the Estimated
Useful Life. Estimated Useful Life means the period of years that constitutes the
expected useful lifespan of a project,as determined by Treasury,during which Treasury
anticipates obtaining the benefits of the project pursuant to project purposes authorized by
the RESTORE Act. For this award the recipient has proposed an Estimated Useful Life
from the date of construction completion.Treasury's issuance of the grant agreement
represents its concurrence with the recipient's proposed Estimated Useful Life.
The recipient's obligation to the federal government continues for the Estimated Useful U
Life of the project,as determined by Treasury, during which Treasury retains an
undivided equitable reversionary interest(the"federal interest")in the property improved,
in whole or in part,with the Treasury investment.
If Treasury determines that the recipient has failed or fails to meet its obligations under
the terms and conditions of this award,Treasury may exercise its rights or remedies with
respect to its federal interest in the project. However,Treasury's forbearance in
exercising any right or remedy in connection with the federal interest does not constitute
a waiver thereof.
6. Commencement of Construction
The recipient should not commence construction prior to the date of the Award.The
recipient must make a written request to Treasury for permission to commence cn
construction after the construction contractor has been selected and at least 30 days
prior to construction.For project costs to be eligible for Treasury reimbursement,
Treasury must determine that the award of all contracts with associated costs are in o
compliance with the scope of the project and all terms and conditions of this award,and
all necessary permits have been obtained,and the federal interest is secure. No
construction funds may be drawn from ASAP without Treasury's written permission.If
the recipient commences construction prior to Treasury's determination,the recipient
proceeds at its own risk.
Treasury will only review contract amendments or change orders which change the
scope of a contract.
7. Use of Real eEg2ertv
Encumbering real property on which there is a federal interest without prior Treasury
approval is an unauthorized use of the property and of project trust funds under this
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award. See 2 C.F.R. §200.316. Real property or interest in real property may not be
used for purposes other than the authorized purpose of the award without the express,
prior written approval of Treasury,for as long as the federal government retains an
interest in the property.The property must not be sold,conveyed,transferred,assigned,
mortgaged, or in any other manner encumbered except as expressly authorized in
writing by Treasury.The recipient must maintain facilities constructed or renovated with
grant funds in a manner consistent with the purposes for which the funds were provided
for the duration of the Estimated Useful Life.
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In the event that the real property or interest in real property is no longer needed for the 0
originally authorized purpose,the recipient must obtain disposition instructions from
Treasury consistent with 2 C.F.R.§200.311.
8. Recording the FedeMl 10te st in the Real Property
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To document the federal interest,the recipient agrees to prepare and properly record a
"Covenant of Purpose, Use and Ownership"(Covenant), or,where a subrecipient is the
title owner,to ensure that the subrecipient prepares and properly records a "Covenant of
Purpose, Use and Ownership"(Covenant)on the property acquired or improved with
federal assistance funds. See 2 C.F.R.§200.316.This Covenant does not establish a
traditional mortgage lien in that it does not establish a traditional creditor relationship
requiring the periodic repayment of principal and interest, or the ability of Treasury to
foreclose on the real property at any time.Rather, pursuant to the Covenant,the
recipient and/or the subrecipient,as applicable,acknowledges that it holds title to the real
property in trust for the public purposes of the financial assistance award and agrees,
among other commitments,that it will repay the federal interest if it disposes of or
alienates an interest in the real property, or uses it in a manner inconsistent with the
public purposes of the award,during the Estimated Useful Life of the property.
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a. The Covenant must be satisfactory in form and substance to Treasury,must
include the name and current address of the recipient and subrecipient(if applicable),
the grant award number,amount and date of award and subrecipient agreement(f 0
applicable),date of the purchase of property(if applicable),and the Estimated Useful I
Life of the project. It must also include statements that the real property will only
be used for purposes consistent with the RESTORE Act;that it will not be
mortgaged or used as collateral, sold or otherwise transferred to another party,
without the written permission of Treasury; and that the federal interest cannot be
subordinated,diminished, nullified or released through encumbrance of the
property,transfer of the property to another party or any other action the
recipient/subrecipient takes without the written permission of Treasury.
b. The recipient agrees to provide to Treasury an attorney's title opinion as to the title
owner of the property,and to properly record,in accordance with applicable law, t3
the Covenant in the real property records in the jurisdiction in which the real
property is located in order to provide public record notice to interested parties
that there are certain restrictions on the use and disposition of the real property o
during its Estimated Useful Life,and that Treasury retains an undivided equitable
reversionary interest in the real property to the extent of its participation in the
project for which funds have been awarded.
C. Treasury requires an opinion of counsel for the recipient to substantiate that the
document has been properly recorded.
d. Failure to properly and timely file and maintain documentation of the federal
interest may result in appropriate enforcement action,including, but not limited
to,disallowance of the cost of the acquisition or improvement by Treasury.
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e. The Federal Interest must be perfected and recorded/filed in accordance
with state and/or local law concurrent with the acquisition of the real
property,where an award includes real property acquisition, and
for construction of buildings and projects to improve the real property, no
later than the date construction and/or improvement work commences.
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f. When the Estimated Useful Life of the project is ended,the federal interest is
extinguished and the federal government has no further interest in the real
property, o
9. Administration.Operation and Maintenance
The recipient agrees to administer,operate,and maintain the project for its Estimated
Useful Life in the same manner in which it operates and maintains similar facilities and
equipment owned by it,and in accordance with state and local standards, laws and 0
regulations. The recipient must not be in breach of its obligations under this award except
to the extent the failure to fulfill any obligation is due to an Uncontrollable Force.
"Uncontrollable Force"means an event beyond the reasonable control of,and without the
fault or negligence of,the party claiming the Uncontrollable Force that prevents the
recipient from honoring its contractual obligations under this Agreement and which,by
exercise of the recipient's reasonable care,diligence and foresight,such recipient was
unable to avoid. Uncontrollable Forces include, but are not limited to:
a. Strikes or work stoppage;
b. Floods,earthquakes,or other natural disasters;terrorist acts;and
c. Final orders or injunctions issued by a court or regulatory body having competent
subject matter jurisdiction which the recipient,claiming the Uncontrollable Force,
after diligent efforts,was unable to have stayed,suspended,or set aside pending 0
review by a court of competent subject matter jurisdiction.Neither the
unavailability of funds or financing,nor conditions of national or local economies
or markets must be considered an Uncontrollable Force.
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10.
The recipient must complete and submit to Treasury a report on the status of the real
property or interest in real property in which the federal government retains an interest,
using a SF-429 Rea!Property Status Report form annually for the first three years of a cis
federal award and thereafter every five years until the end of the Estimated Useful Life or
time of disposition,whichever is less. All reports must be for the period ending
December 31,or any portion thereof,beginning with the year of the award,and are due o
no later than 30 days following the end of the reporting period. 0
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11. Insurance o
The recipient must,at a minimum,provide the equivalent insurance coverage for real
property improved with federal funds as provided to property owned by the recipient 0
state,county or parish,in compliance with 2 C.F.R.§200.310.
12. BondinS
a. For construction or facility improvement contracts or subcontracts exceeding the
simplified acquisition threshold,the recipient or pass-through entity may request
in writing that Treasury accept its bonding policy and requirements. If Treasury
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determines that the federal interest in the project is adequately protected,the
recipient or pass-through entity need not comply with the following three
bonding requirements. For all other recipients and pass-through entities,the
minimum requirements for construction or facility improvement contracts or
subcontracts exceeding the simplified acquisition threshold are as follows:A bid
guarantee from each bidder equivalent to five percent of the bid price.The "bid
guarantee"must consist of a firm commitment such as a bid bond,certified
check,or other negotiable instrument accompanying a bid as assurance that the
bidder will,upon acceptance of the bid,execute such contractual instruments as
may be required within the time specified. 0
b. A performance bond on the part of the contractor for 100 percent of the contract
price.A"performance bond"is one executed in connection with a contract to
secure fulfillment of all the contractor's obligations under such contract.
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C. A payment bond on the part of the contractor for 100 percent of the contract
price.A"payment bond"is one executed in connection with a contract to assure
payment as required by law of all persons supplying labor and material in the
execution of the work provided for in the contract. 0
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13. Floodolain Reauirements
In accordance with 44 C.F.R. Part 9, prior to Treasury's authorization to commence
construction in a designated 100-year floodplain,the recipient must provide evidence
satisfactory to Treasury of a Floodplain Notice,that the 30-day period established for M
receipt of comments from the public in response to public notice published regarding
the potential for adverse project impact on the values and functions of a designated 100-
year floodplain has expired and that identified concerns(if any)have been addressed
to Treasury's satisfaction.This notice may be satisfied through a federaVstate
environmental assessment process used as the vehicle for public notice, involvement,
and explanation per 44 C.F.R. §9.8(2).
In addition, prior to Treasury's authorization to commence construction of structures
and/or buildings within a designated 100-year floodplain,the recipient must provide
evidence satisfactory to Treasury of the following:
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a. Floodplain Protection: That the project engineer/architect has certified that the
project facility will be adequately protected from damage by floods in this area of
apparent potential flood hazard. The evidence must include adequate
justification for the Base Flood Elevation designation for the financial assistance
award site.
b. Floodplain Insurance: That the community is participating in the National Flood
Insurance Program,and that as required,the recipient will purchase flood
insurance.
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14. Goals for Woman and Minorities in Construction
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Department of Labor regulations set forth in 41 C.F.R. §60-4 establish goals and E
timetables for participation of minorities and women in the construction industry. These
regulations apply to all federally assisted construction contracts in excess of$10,000.
The recipient must comply with these regulations and must obtain compliance with 41
C.F.R. §60-4 from contractors and subcontractors employed in the completion of the
project by including such notices,clauses and provisions in the Solicitations for Offers or
Bids as required by 41 C.F.R. §60-4.
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a. The goal for participation of women in each trade area must be as follows:
From April 1, 1981,until further notice:6.9 percent;
b. All changes to this goal,as published in the Federal Register in accordance with
the Office of Federal Contract Compliance Programs regulations at 41 C.F.R.§ 31
60-4.6,or any successor regulations, must hereafter be incorporated by 0
reference into these Special Award Conditions;and,
c. Goals for minority participation must be as prescribed by Appendix B-80,
Federal Register,Volume 45, No. 194,October 3, 1980,or subsequent o
publications. The recipient must include the"Standard Federal Equal
Employment Opportunity Construction Contract Specifications"(or cause them
to be included, if appropriate)in all federally assisted contracts and
subcontracts. The goals and timetables for minority and female participation z
may not be less than those published pursuant to 41 C.F.R. §60-6. X
15. Contracting with small and minority businesses,women's business
enterprise,and labor surplus area firms _.._.
The recipient must take all necessary affirmative steps to assure that minority
businesses,women's business enterprises,and labor surplus area firms are used when
possible. Affirmative steps must include:
a. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
b. Assuring that small and minority businesses,and women's business enterprises
are solicited whenever they are potential sources;
c. Dividing total requirements,when economically feasible,into smaller tasks or
quantities to permit maximum participation by small and minority business,and
women's business enterprises;
d. Establishing delivery schedules,where the requirement permits,which
encourage participation by small and minority businesses,and women's
business enterprises;
e. Using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development Agency cis
of the Department of Commerce;and,
f. Requiring the prime contractor,if subcontracts are to be let,to take the o
armative steps listed in(a)—(e)of this paragraph. 0
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16. Davis Bacon Act as amended(40 U.S.C. 44 3141-31491 0
Davis-Bacon Act-related provisions are applicable for a construction project if it is for the
construction of a project that can be defined as a"treatment works"in 33 U.S.0§ 1292;
or for a construction project regardless of whether it is a"treatment works"project if it is E
receiving federal assistance from another federal agency operating under an authority 0
that requires the enforcement of Davis-Bacon Act-related provisions.When required,all
prime construction contracts in excess of$2,000 awarded by the non-Federal entity must
include a provision for compliance with the Davis-Bacon Act(40 U.S.C.§§3141-3144,
and §§3146-3148)as supplemented by Department of Labor regulations(29 C.F.R.
Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction"). In accordance with the statute,contractors must
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N.7.a
be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition contracts must be required to pay wages not less than once a week.
The non-Federal entity must place a copy of the current prevailing wage determination
issued by the Department of Labor in each solicitation.The decision to award a contract
or subcontract must be conditioned upon the acceptance of the wage determination.The
non-Federal entity must report all suspected or reported violations to Treasury.The
contracts must also include a provision for compliance with the Copeland"Anti-Kickback"
Act(40 U.S.C.§3145),as supplemented by Department of Labor regulations(29 C.F.R. 0
Part 3,"Contracts and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States").The Act provides that each
contractor or subrecipient must be prohibited from inducing, by any means,any person
employed in the construction,completion,or repair of public work,to give up any part of
the compensation or which he or she is otherwise entitled.The non-federal entity must
report all suspected or reported violations to Treasury.
17. Eaual Dnnortunity Clause
Pursuant to 41 C.F.R. §60-1.4(b), Federally assisted construction contracts,for
construction which is not exempt from the requirements of the equal opportunity clause,
41 C.F.R. Part 60-1—Obligations of Contractors and Subcontractors,[t]he[recipient]
hereby agrees that it will incorporate or cause to be incorporated into any contract for
construction work,or modification thereof,as defined in the regulations of the Secretary
of Labor at 41 C.F.R. Chapter 60,which is paid for in whole or in part with funds obtained
from the federal government or borrowed on the credit of the federal government t 3
pursuant to a grant, contract,loan,insurance,or guarantee,or undertaken pursuant to
any federal program involving such grant,contract,loan,insurance,or guarantee,the
following equal opportunity clause:
41 C.F.R.§60-1.4 Equal opportunity clause.
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During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race,color,religion,sex,sexual orientation,gender identity,
or national origin. The contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment without regard to
their race, color, religion, sex, sexual orientation,gender identity, or national origin.
Such action shall include, but not be limited to the following: cis
Employment, upgrading,demotion, or transfer,recruitment or recruitment advertising;
layoff or termination;rates of pay or other forms of compensation;and selection for
training, including apprenticeship. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided
setting forth the provisions of this nondiscrimination clause. o
(2) The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualffied applicants will receive consideration
for employment without regard to race, color,religion, sex,sexual orientation, gender
identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another emolovee or applicant. This Provision shall not anDly to instances in which
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an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation,proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a o
notice to be provided advising the said labor union or workers'representatives of the
contractor's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment. �
(5) The contractor will comply with all provisions of Executive Order 11246 of X
September 24, 1965, and of the rules, regulations, and relevant orders of the o
Secretary of Labor.
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(6) The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965 and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses U
of this contract or with any of the said rules, regulations, or orders, this contract may
be canceled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Goverment contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies 0
invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding
paragraph(1)and the provisions of paragraphs(1)through(8)in every subcontract or
purchase order unless exempted by rules,regulations, or orders of the Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance:
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Provided, however, that in the event a contractor becomes involved in, or is 0
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threatened with,litigation with a subcontractor or vendor as a result of such direction
by the administering agency, the contractor may request the United States to enter o
into such litigation to protect the interests of the United States.
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The applicant further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it participates in ca
federally assisted construction work.Provided, That if the applicant so participating is a
State or local government, the above equal opportunity clause is not applicable to
any agency, instrumentality or subdivision of such government which does not
participate in work on or under the contract.
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The applicant agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of
contractors and subcontractors with the equal opportunity clause and the rules,
regulations, and relevant orders of the Secretary of Labor, that it will fumish the
administering agency and the Secretary of Labor such information as they may require
for the supervision of such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's primary responsibility for
securing compliance.
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The applicant further agrees that it will refrain from entering into any contract o
or contract modification subject to Executive Order 11246 of September 24, 1965, with
a contractor debarred from, or who has not demonstrated eligibility for, Government
contracts and federally assisted construction contracts pursuant to the Executive
Order and will carry out such sanctions and penalties for violation of the equal z
opportunity clause as may be imposed upon contractors and subcontractors by the X
administering agency or the Secretary of Labor pursuant to Part 11, Subpart D of the
Executive Order. In addition, the applicant agrees that if it fails or refuses to comply
with these undertakings, the administering agency may take any or all of the following
actions:Cancel, terminate, or suspend in whole or in part this grant(contract loan,
insurance, guarantee);refrain from extending any further assistance to the applicant
under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such applicant;and refer the '
case to the Department of Justice for appropriate legal proceedings.
18. jjeyised ADA Standards for Accessible Design for_Construction Awards z
The U.S.Department of Justice has issued revised regulations implementing Title II of
the ADA(28 C.F.R. Part 35)and Title III of the ADA(28 C.F.R. Part 36).The revised
regulations adopted new enforceable accessibility standards called the"2010 ADA
Standards for Accessible Design"(2010 Standards).The 2010 Standards are an
acceptable alternative to the Uniform Federal Accessibility Standards(UFAS).Treasury E
deems compliance with the 2010 Standards to be an acceptable means of complying
with the Section 504 accessibility requirements for new construction and alteration
projects. All new construction and alteration projects must comply with the 2010
Standards.
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